For many immigrants in Virginia, the wait for a green card can feel like a test of patience, hope, and resilience. But the question most applicants ask is practical: Can I legally work while I wait? The good news is that, with the right approach, you can usually earn a living and stay compliant with immigration laws, protecting your future green card eligibility along the way.
This guide will walk you through the process of getting employment authorization, your rights, common mistakes, and the realities of working in Virginia while your green card application is pending.
Understanding the Path: From Visa to Green Card
Most immigrants start their U.S. journey on a temporary visa. If you qualify for permanent residency (a green card), you may apply through a family member, employer, or special humanitarian program. After you submit Form I-485 (Application to Register Permanent Residence or Adjust Status), your status shifts to “pending adjustment,” but that does not mean you can automatically work.
Why You Need Employment Authorization
To work legally while your green card is pending, you must have an Employment Authorization Document (EAD). The EAD proves you are allowed to work for any employer in the United States, including in Virginia. Without it, any employment is considered unauthorized and can jeopardize your application.
Applying for an Employment Authorization Document (EAD)
Once you have filed Form I-485, you are eligible to submit Form I-765 (Application for Employment Authorization). Here’s how the process works:
- Step 1: File Form I-485 for your green card.
- Step 2: Submit Form I-765, ideally at the same time as your I-485.
- Step 3: Wait for USCIS to process your application and send your EAD card by mail.
Most applicants in 2025 will receive a work permit within six to eight months, although timelines can vary depending on the volume at your local service center.
Can You Start Working Before Your EAD Arrives?
No. Even if your green card application is pending, you cannot work in Virginia or anywhere in the U.S. without a valid EAD. Working before you receive your card is considered unauthorized employment, which can delay or even result in the denial of your green card application.
What About Students, Temporary Workers, or H-1B Holders?
If you have another legal status that allows you to work, such as an F-1 OPT, H-1B, or certain dependent visas, you may continue to work until that status expires. However, if your previous status ends before you receive your EAD, you must stop working and wait for authorization. Consult with an immigration attorney to avoid accidental violations.
What to Do While Waiting for Your EAD
- Track your application status on the USCIS website using your receipt number.
- Gather documents your future employer may require, such as proof of your pending green card application and government-issued ID.
- Consider volunteer work, education, or training that does not require work authorization if you want to stay active and build your resume.
Automatic Extensions for EAD Renewals in 2025
Many green card applicants in Virginia who are renewing their EADs now qualify for an automatic extension. If you file your renewal (Form I-765) before your card expires, your work authorization is automatically extended for up to 180 days while your new card is processed.
This rule protects workers from sudden job loss due to processing delays. Ensure that you file renewals as early as possible and keep all relevant paperwork for your records.
Common Mistakes and Pitfalls
- Working before receiving your EAD can have lasting consequences for your green card application.
- Missing your renewal window may cause gaps in work authorization.
- Accepting “under-the-table” jobs or working off the books can put your future at risk.
- Failing to update your employer when your EAD status changes may lead to job loss and legal complications.
Rights and Protections for EAD Holders
With a valid EAD, you have the right to work for any employer, join a union, and receive fair wages under federal and Virginia law. You cannot be discriminated against because of your immigration status if you are legally authorized to work.
If you encounter problems, the Department of Labor and the Equal Employment Opportunity Commission offer resources and can investigate allegations of discrimination or wage violations.
What to Do If Your Work Permit Is Denied or Delayed
If your EAD is denied or delayed beyond normal timelines, consult with an immigration attorney immediately. Sometimes, mistakes in paperwork or background checks can cause issues that can be resolved with the help of a lawyer. Acting early can save months of stress and protect your right to work and stay in the U.S.
Final Thoughts
Navigating work authorization while waiting for a green card in Virginia can be challenging, but it is possible with the right steps in place. Always apply for your EAD as soon as you’re eligible, never work without legal permission, and seek professional advice if you encounter problems. Staying compliant will not only protect your current job but will also strengthen your path to permanent residency.
Need personalized help securing work authorization in Virginia? The Immigration Law Office of Federico Serrano guides clients through every step of the green card process with practical solutions and up-to-date advice for 2025.
