Filing a green card application from inside the United States does not by itself give permission to work. Work authorization while an application is pending comes from one of two places: an EAD (Employment Authorization Document)A card issued by USCIS on Form I-765 that allows certain noncitizens to work legally while another application is pending or a status permits it.See it in the glossary issued because the adjustment application is pending, or a separate status that already allows work. Mixing them up can lead to unauthorized work, which can damage the green card case itself.
Route 1: An EAD based on the pending application
An applicant with a pending Form I-485Application to Register Permanent Residence or Adjust Status, the form used to apply for a green card from inside the United States.See it in the glossary can file Form I-765 under category (c)(9), either together with the I-485 or later. Once approved, the EAD allows employment with any employer until its expiration date.
Fees
For applicants who filed Form I-485 on or after April 1, 2024 with the required fee and whose case is still pending, the Form I-765 fee is $260, half the standard amount, according to a summary of the current fee schedule. Confirm on the USCIS fee schedule before filing.
Validity: 18 months since December 2025
USCIS reduced the maximum validity of (c)(9) EADs from five years to 18 months, effective December 5, 2025, for applications pending on or after that date, according to Herbert Smith Freehills Kramer. Existing cards remain valid until the date printed on them. Shorter validity means more renewals over a long case.
No automatic extension for most renewals
DHS ended the automatic 540-day extension for EAD renewals filed on or after October 30, 2025, through an Interim final ruleA rule that takes effect without a prior comment period. The agency accepts public comments after it is published and may revise the rule afterward.See it in the glossary. A worker whose card expires before the renewal is approved generally must stop working until the new card arrives. A court set the rule aside only for seven H-4 spouses who sued, as we reported, so it still applies to most people. USCIS allows renewals up to 180 days before expiration, which is the main tool to avoid a gap.
Route 2: Keep working in an existing status
Workers in certain nonimmigrant statuses can keep working for their sponsoring employer without an EAD while the adjustment is pending, as long as they maintain that status. The most common are Cap-subject and cap-exempt (H-1B)The H-1B category has an annual limit of 65,000 new visas or statuses per fiscal year, plus 20,000 more for people with a U.S. master's degree or higher. Petitions counted toward that limit are cap-subject. Petitions from higher education institutions, their related or affiliated nonprofits, and nonprofit or governmental research organizations are cap-exempt.See it in the glossary and L-1 workers, whose statuses allow immigrant intent.
- They must keep the status valid through extensions if needed.
- Their work authorization is limited to the employer and terms in their petition.
- Many still file for an EAD as a backup in case the underlying status ends.
Our Visa Library explains dual intent and why it matters here.
Using the EAD can affect the underlying status
An H-1B or L-1 worker who starts working on an EAD for a different employer, or outside the petition’s terms, may be treated as having given up that nonimmigrant status. That matters if the green card is later denied. Dependents are also affected: an H-4 spouse who uses a (c)(9) EAD is no longer relying on H-4 employment authorization. These choices should be made deliberately.
Changing jobs while the green card is pending
For employment-based cases, a section of the law known as Portability (AC21)Rules allowing certain employment-based applicants whose I-485 has been pending 180 days or more to change employers without losing the petition.See it in the glossary portability, at section 204(j) of the INA, allows a worker whose I-485 has been pending for 180 days or more to move to a same or similar job without starting over, if the underlying petition was approved or approvable. The worker usually files Form I-485 Supplement J to document the new job. Moving to a job that is not similar can jeopardize the case. See our Visa Library guide to employment-based green cards.
Why unauthorized work is so risky
Working without authorization before or during a pending case can make an applicant ineligible to adjust under section 245(c) of the INA. There are exceptions. Immediate relativeSpouses, unmarried children under 21, and parents of U.S. citizens. These categories are not subject to annual numerical limits.See it in the glossary of U.S. citizens are not barred by past unauthorized employment in the same way, and certain employment-based applicants can be forgiven up to 180 days of status violations under section 245(k). These rules are technical, and applicants with any history of unauthorized work should get advice before filing.
Travel is a separate question
Leaving the United States while an I-485 is pending generally causes the application to be considered abandoned unless the applicant has Advance parolePermission, issued by USCIS on Form I-131, that lets certain applicants with a pending case travel abroad and return without abandoning the application.See it in the glossary, with an exception for certain H-1B and L-1 workers returning in that status. Many applicants receive a combination card that serves as both an EAD and advance parole document. See our travel guide.
Practical checklist
- Decide whether you will work on an EAD, on an existing status, or both.
- File the I-765 early, and calendar the renewal window 180 days before expiration.
- Do not start work until you hold a valid basis for it.
- Keep the employer’s HR team informed of card expiration dates for Form I-9.
- Talk to counsel before switching employers or giving up an underlying status.
For how the adjustment process fits together, read adjusting status versus consular processing.
Employer obligations
Employers must verify work authorization on Form I-9 and reverify when an EAD expires. With 18-month EADs and no automatic extension for most renewals, employers see more reverification deadlines. Workers can help by sharing expiration dates early and filing renewals as soon as the 180-day window opens.
Common questions
Can I work while my EAD application is pending?
Only if you have another valid basis, such as H-1B or L-1 status with your employer. Filing Form I-765 does not by itself authorize work.
Can I start a business on a (c)(9) EAD?
A valid EAD generally allows any lawful employment, including self-employment. For employment-based cases, however, the green card may still depend on the sponsoring job, so changing work can affect the case.
What happens if my EAD expires before renewal?
Since October 30, 2025, most renewals no longer get an automatic extension. You generally must stop working until the new card is issued, unless you have another basis to work.
Does my spouse get an EAD too?
A spouse who is a derivative applicant with their own pending I-485 can apply for their own (c)(9) EAD.