Can I Work While My Marriage-Based Green Card Is Pending? (2025 Update)
Waiting for your green-card interview doesn’t have to put your career on ice — but you must follow U.S. immigration rules to the letter. Below is an all-USCIS-sourced guide to earning a paycheck legally while your marriage-based adjustment of status (AOS) is in progress.
1. The Short Answer
No EAD, no paycheck. Until U.S. Citizenship & Immigration Services (USCIS) approves your Employment Authorization Document (EAD)—Form I-765—you may not start any new job, freelance contract, or side gig in the United States1.
How long does it take? The latest national median shows 3.6 months for marriage-based EADs in FY 2024, down from 5.5 months the year before2.
2. How to Get Your Work Permit
| Step | What to Do | Insider Tip |
|---|---|---|
| File Form I-765 | Submit it with your I-485 package (best) or anytime while AOS is pending. | Bundling saves a second biometrics appointment. |
| Pay the Fee (if required) | For AOS packages filed on/after Apr 1 2024, the I-765 fee is $260. | Use a separate check or credit-card form so USCIS can cash it even if another form is rejected3. |
| Attend Biometrics | USCIS will take fingerprints and a photo. | Reschedule immediately if you have a conflict; missed biometrics halt processing. |
| Watch for the "Combo Card" | Many applicants receive a single card that doubles as EAD and Advance Parole (travel). | Turn on USPS Informed Delivery so you don't miss it. |
3. Already in the U.S. on a Work-Authorized Visa?
H-1B, L-1, TN, OPT, etc. — You may keep working for the same employer under that status while AOS is pending because your employment is "incident to status." Switching employers or adding gigs requires the new EAD first.
4. What Counts as "Work"?
Any paid activity—from rideshare driving to remote design work for a U.S. client—is "employment" under immigration law. Starting before your EAD arrives is unauthorized employment and can jeopardize your case. Thankfully, immediate relatives (including spouses) of U.S. citizens are exempt from this bar under INA 245(c)(2)4. Still, it's far simpler to avoid the problem altogether—wait for the card.
5. 2024 → 2025 Rule Changes You Should Know
- Automatic 540-day EAD extensions. Timely renewal filings now keep an expiring EAD valid for up to 540 days—triple the old 180-day window5.
- Fee un-bundling. Since Apr 1 2024, I-765 and I-131 fees are no longer waived when filed with the I-4856.
6. Want to Start Working Sooner?
- File early, file clean. Incomplete I-765s are the #1 cause of delays.
- Double-check evidence. Clear scans of your I-94, marriage certificate, and passport biopage head off RFEs.
- Track your case online daily. Catch address errors or mail-room hiccups fast.
- Consider an expedite. USCIS may fast-track your EAD for severe financial loss, urgent humanitarian reasons, or compelling U.S. government interests7.
7. Frequently Asked Questions
| Question | Fast Answer |
|---|---|
| Do I need an SSN first? | No—check the SSN box on Form I-765 and Social Security will issue one automatically. |
| Can I change jobs after I get the EAD? | Yes. An EAD is open market—you’re free to work for any U.S. employer. |
| Does the combo card cover travel? | If the card says “Serves as I-512 Advance Parole,” you may re-enter the U.S. after brief trips abroad. |
| Will working without an EAD ruin my case? | It can be excused for spouses of U.S. citizens, but it invites extra scrutiny—wait for the card if you can. |
8. Where GreenGuard Fits In
GreenGuard double-checks every data point on your I-765, I-131, and I-485 so you can:
- File right, right away—jump-starting the EAD clock.
- Avoid RFEs by catching mistakes before USCIS does.
- Track every notice in one dashboard, so nothing falls through the cracks.
Footnotes
GreenGuard Team
This article is for informational purposes only and does not constitute legal advice. GreenGuard is not affiliated with or endorsed by USCIS or any government agency. Consult official USCIS instructions or a qualified immigration attorney for your specific situation.
