Can I Work in the U.S. While Waiting on My Immigration Case?

For many individuals navigating the U.S. immigration system, the ability to work is not just a goal but a necessity. The short answer to whether you can work while your case is pending is: it depends. Your eligibility for work authorization is tied to the specific type of immigration benefit you are seeking and at what stage you are in the process. While some applications, like an adjustment of status through marriage to a U.S. citizen, allow you to apply for a work permit concurrently, others require you to wait for your case to be approved. Understanding your options is key to maintaining financial stability and peace of mind.

At Villarrubia & Rosenberger, P.C., we have firsthand experience with the U.S. immigration system and understand the anxieties our clients face. We are dedicated to providing clear guidance and empathetic support to help you achieve your goals.

How Do I Get a Work Permit?

The primary way to obtain work authorization is by filing Form I-765, Application for Employment Authorization. This application results in an Employment Authorization Document (EAD), commonly known as a work permit. However, you must have a valid basis for filing. Some of the most common scenarios that allow you to apply for an EAD include:

• Adjustment of Status: If you are applying for a green card from within the U.S. (adjusting your status), you can typically file Form I-765 along with your main application. This is common for those applying through marriage to a U.S. citizen.
• DACA Recipients: Those granted Deferred Action for Childhood Arrivals (DACA) are eligible for work authorization, which must be renewed alongside their DACA status.
• Certain Visa Holders: Spouses of some E and L visa holders may be eligible to apply for work authorization.

It is critical to remember that working without authorization can have severe consequences for your current and future immigration status.

What Are My Options If My Work Permit Expires?

If your work permit is nearing its expiration date, proactive renewal is essential to avoid any gap in your employment eligibility. You should file your renewal application for Form I-765 well in advance. The U.S. Citizenship and Immigration Services (USCIS) provides specific renewal windows for different categories. For many applicants, USCIS grants an automatic extension of their work authorization for a period of time if the renewal was filed before the current EAD expired. This policy helps prevent applicants from losing their jobs while waiting for USCIS to process their renewal. An experienced attorney can confirm if your category is eligible for this automatic extension and ensure your renewal is filed correctly.

How Can I Expedite My Work Authorization?

Waiting for a work permit can be a stressful and lengthy process. While most applications are processed in the order they are received, USCIS does allow for expedite requests under certain circumstances. These are evaluated on a case-by-case basis and are not easily granted. Valid reasons for an expedite request may include:

• Severe financial loss to a company or person.
• Urgent humanitarian reasons.
• A compelling U.S. government interest.

Submitting an expedite request requires substantial evidence to support your claim. For example, if you are at risk of losing your job and your family will face extreme hardship, you would need to provide documentation such as an employer letter, eviction notices, or proof of medical needs. Our attorneys can help you assess whether you meet the criteria and assist in preparing a compelling request.

Your Trusted Immigration Ally

Navigating the rules of work authorization while your immigration case is pending adds another layer of complexity to an already stressful process. The attorneys at Villarrubia & Rosenberger, P.C. understand the human element behind every application. We have been through the immigration system with our own families and are committed to offering honest counsel and skilled representation.

If you have questions about your eligibility to work in the U.S. or need assistance with your immigration case, contact our Indianapolis office today. We are here to provide the guidance and support you need to secure your future.