Welcome to this comprehensive guide designed to answer your questions about working in the United States while your family-based green card application is pending. If you're living in the U.S. and applying for a green card based on your relationship with a U.S. citizen or a green card holder, you might be wondering about your work options during this period. 

Understanding the process and requirements for obtaining a work permit is crucial. This guide will clarify the rules and restrictions related to working in the U.S. during the waiting period of your green card application. 

The journey to becoming a [permanent resident](/immigration-resources/green-card-travel-guide) in the U.S. can be a lengthy one, and it's only natural to want to work during this time. Whether you're looking to continue in your current job or seeking new employment opportunities, we'll walk you through the necessary steps to ensure you're on the right track. 

Stay tuned as we delve into the specifics of obtaining a work permit, the rules for those with a valid work visa, and the procedures for relatives of U.S. citizens and green card holders. We'll also discuss the implications for those living abroad and the process of returning to your home country to work while waiting for your green card application approval. 

Remember, the information provided here is meant to guide you through the process. However, every situation is unique, and it's always recommended to consult with an immigration attorney or expert to understand the best course of action for your specific circumstances.

Before we dive into the specifics, let's start with the basics. A work permit, officially known as an Employment Authorization Document (EAD), is a document issued by the U.S. Citizenship and Immigration Services (USCIS) that grants its holder the legal right to work in the U.S.

If you're living in the U.S. and waiting for your family-based green card application to be processed, you'll need a work permit to work for a U.S. employer. This rule applies unless you already have a valid work visa, in which case you can continue working while your green card application is processed.

To obtain a work permit, you'll need to file Form I-765, Application for Employment Authorization, with the USCIS. This application is typically filed as part of the initial green card application package for relatives of U.S. citizens. However, if you're a [relative of a green card holder](/immigration-resources/green-card-immigration-guide), you'll need to wait until you're eligible to file your green card application before you apply for a work permit.

Here's some good news: there is no cost to apply for a work permit. But remember, the individual seeking the green card must sign the work permit application themselves. It's important to note that the processing time for a work permit application is typically five to seven months, so plan accordingly.

Once approved, the work permit does not restrict the type of employment or the number of hours you can work. This means you have the flexibility to work full-time, part-time, or even be self-employed. However, keep in mind that once your green card application is approved, your work permit automatically terminates as you are now authorized to work in the U.S. as a permanent resident. 

In the next sections, we'll delve deeper into the specifics of working in the U.S. with a valid work visa, applying for a work permit as a [relative of a U.S. citizen](/immigration-resources/visa-sponsorship-guide) or a green card holder, and the rules for individuals living abroad. Stay tuned!

Working in the U.S. with a Valid Work Visa

If you already have a valid work visa, such as an H-1B or L-1 visa, you're in a good position. You can continue working in the U.S. while your family-based green card application is being processed. This means you don't need to apply for a separate work permit. Your existing work visa allows you to continue your current employment without interruption.

However, it's important to note that your ability to work is tied to the conditions of your work visa. For instance, if you're on an H-1B visa, you're typically restricted to working for the employer who sponsored your visa. If you wish to change employers, you'll need to go through the process of having your new employer file a new H-1B petition on your behalf.

Also, remember that your work visa has an expiration date. If your green card application is still being processed when your work visa expires, you'll need to extend your work visa to continue working legally. 

In contrast, a work permit obtained through a pending green card application does not restrict the type of employment or the number of hours you can work. This means you can switch employers, work part-time, full-time, or even be self-employed without needing to file additional paperwork.

In the next sections, we'll cover the process of applying for a work permit as a relative of a U.S. citizen or a green card holder. Stay tuned if this applies to you!

Applying for a Work Permit as a Relative of a U.S. Citizen

If you're a relative of a U.S. citizen and living in the U.S., you're eligible to apply for a work permit as part of your initial green card application package. This is a great advantage as it allows you to start the process of obtaining work authorization early.

Once your work permit is approved, you're free to work in the U.S. without any restrictions on the type of employment or the number of hours you can work. However, remember that your work permit will automatically terminate once your green card application is approved, as you'll then be authorized to work in the U.S. as a permanent resident.

In the next section, we'll cover the process for relatives of green card holders. If this applies to you, keep reading!

Applying for a Work Permit as a Relative of a Green Card Holder

If you're a relative of a green card holder, the process for obtaining a work permit is slightly different. Unlike relatives of U.S. citizens, you must wait until you're eligible to file your green card application before you can apply for a work permit.

Here's how you can navigate this process:

In the next section, we'll discuss what happens after your green card application is approved. Stay tuned!

Working in the U.S. After Green Card Application Approval

Congratulations! If your green card application has been approved, you're now a permanent resident of the United States. This status comes with the authorization to work in the U.S. without needing a separate work permit. 

Once your green card application is approved, your work permit (if you had one) automatically terminates. This is because as a green card holder, you're authorized to live and work permanently in the U.S. You don't need a separate document to prove your right to work.

As a permanent resident, you can work in any job, for any employer, and for any number of hours. You can also be self-employed. You have the same rights to work as U.S. citizens, with a few exceptions (certain government jobs require U.S. citizenship).

Remember to update your employer about your new status. You'll need to complete a new [Form I-9](/immigration-resources/form-i-129-guide), Employment Eligibility Verification, and provide your green card as proof of your eligibility to work.

In the next section, we'll cover the rules for individuals living abroad who wish to work in the U.S. If this applies to you or if you're just curious, keep reading!

Remember to update your employer about your new status. You'll need to complete a new Form I-9, Employment Eligibility Verification, and provide your green card as proof of your eligibility to work.

Working in the U.S. for Individuals Living Abroad

If you're living abroad and wish to apply for a U.S. green card, the process is slightly different. You can apply for a green card, but you cannot apply for a U.S. work permit while living outside the U.S. You can only begin working in the U.S. after your green card application process is complete and you've become a permanent resident.

However, if you wish to return to your home country to work while waiting for your green card application to be processed, you must apply and be approved for a travel permit, officially known as Advance Parole. This document allows you to travel back to the U.S. without abandoning your pending green card application.

Here are the steps to apply for a travel permit:

Remember, every situation is unique, and it's always recommended to consult with an immigration attorney or expert to understand the best course of action for your specific circumstances.

We hope this guide has provided you with a clearer understanding of the process and requirements for working in the U.S. while waiting for a family-based green card application to be processed. Remember, while the process may seem complex, being informed and prepared can make your journey smoother. Good luck with your application, and here's to your future in the U.S.!

Waiting for your family-based green card and want to work in the U.S.? You need an Employment Authorization Document (EAD). This guide explains how to file Form I-765 with USCIS, the benefits it provides, and steps for those with a valid work visa. Learn the differences for relatives of U.S. citizens and green card holders, and what happens after green card approval. If you're abroad, understand your work options and the Advance Parole travel permit. Consult an immigration expert for personalized advice.

How to Obtain a Work Permit While Awaiting U.S. Family-Based Green Card Processing

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