If a foreign spouse meets specific eligibility requirements, they may work legally in the United States while their marriage-based green card application is being processed.
✅ Average processing time for a work permit (EAD): 2–5 months.
✅ No premium processing: USCIS does not offer expedited processing for an EAD.
✅ Apply for EAD during I-485 stage: If you don’t currently hold a valid work visa, you can submit Form I-765 along with your Form I-485 (Adjustment of Status).
✅ No EAD needed after green card approval: Once your marriage-based green card is issued, your permanent resident status automatically authorizes employment.
A marriage-based green card can be obtained either through marriage to a U.S. citizen or to a lawful permanent resident (LPR). In either case, the sponsoring spouse must file Form I-130 with USCIS to establish that the marriage is genuine (bona fide). Once the petition is filed, the foreign spouse may qualify to work in the U.S. while their case is pending.
At Green Card Link, its immigration attorneys help couples streamline the marriage-based green card and EAD process, ensuring accuracy, faster approval, and peace of mind during this important journey.
How the Marriage-Based Green Card Process Works
After the sponsoring spouse submits Form I-130, the foreign spouse must either:
- Undergo consular processing if they live outside the U.S., or
- File Form I-485 (Adjustment of Status) if already in the U.S. on a valid nonimmigrant visa such as a K-1 or K-3.
While the green card process involves several forms and supporting documents, at Green Card Link, its immigration attorneys can simplify the experience and help you complete your application quickly and correctly.
Can I Work While Waiting for My Green Card Through Marriage?
Yes — as long as you have a valid Employment Authorization Document (EAD).
Marriage-based green card processing can take several months to years depending on your category:
- Spouse of a U.S. citizen (within the U.S.): ~8–14 months
- Spouse of a U.S. citizen (outside the U.S.): ~13–20 months
- Spouse of an LPR (outside the U.S.): 3–4+ years
Delays often occur when applications are incomplete or contain errors. The immigration attorneys at Green Card Link ensure all your forms are filed correctly to avoid unnecessary setbacks.
USCIS allows applicants filing from within the U.S. to submit Form I-765 (work permit) and Form I-131 (travel permit) at the same time as their Form I-485. These forms typically have shorter processing times, so once approved, you can work legally while awaiting your green card.
⚠️ Important: Working without a valid EAD or work visa is considered unauthorized employment, which may lead to penalties and jeopardize your green card eligibility.
How Long Does It Take to Get a Work Permit After Marriage?
The typical EAD processing time is 2–5 months.
If you are married to a U.S. citizen, you can file Form I-765 together with your Form I-485, saving time and avoiding separate filing fees.
If your spouse is a lawful permanent resident, it may take significantly longer—often several years—because a visa number must first become available before you can apply for an adjustment of status or EAD.
Once your I-765 is filed, USCIS will review your application, and upon approval, you’ll receive your Employment Authorization Document, allowing you to work legally in the U.S.
U.S. Immigration Law on Hiring a Foreign Spouse
Under U.S. immigration law, only individuals authorized to work can be employed legally in the United States. These include:
- U.S. citizens
- Lawful permanent residents (green card holders)
- Foreign nationals authorized by USCIS (EAD holders)
As a green card applicant, you fall under the third category once your work authorization is granted. You can legally work while waiting for your marriage-based green card if you either:
- Hold a valid nonimmigrant work visa (e.g., H-1B, L-1, TN), or
- Have received an approved EAD.
Working With a Valid Nonimmigrant Work Visa While Waiting for a Green Card
If you entered the United States on a temporary employment visa such as L-1, H-1B, or TN, and your status remains valid, you can continue working legally while your marriage-based green card is pending — as long as your work complies with your visa’s terms.
If you don’t currently hold a work visa, filing Form I-765 is essential. Once approved, your EAD will authorize you to work for any employer in the U.S. while your green card application is being processed.
For those unsure about their eligibility or the correct filing strategy, immigration attorneys at Green Card Link can help you determine the best approach to maintain lawful status and employment authorization.
Filing Form I-765 After Submitting Your I-485: What You Need to Know
Many marriage-based green card applicants forget to apply for their Employment Authorization Document (EAD) when filing Form I-485 (Adjustment of Status). Fortunately, you can still submit Form I-765 separately even if you didn’t include it with your green card application. Just make sure it is sent to the USCIS service center currently processing your Form I-485.
How to File Form I-765 Separately
To apply for a work permit, complete Form I-765 and include a copy of your I-485 receipt notice (Form I-797C) or another document showing that your adjustment of status application is pending. You should also include the following:
- Two identical passport-style photographs
- Front and back copies of your Form I-94 (Arrival-Departure Record)
- A G-28 if you are represented by an immigration attorney at Green Card Link
- A copy of a government-issued identity document (passport or driver’s license)
- Proof of your current nonimmigrant status
- Evidence of a bona fide marriage to your U.S. citizen or lawful permanent resident spouse
- Your Form I-797C Notice of Action confirming receipt of your I-485
At Green Card Link, our immigration attorneys make the marriage-based immigration process smooth, clear, and stress-free.
How Long Does It Take to Receive a Work Permit (EAD)?
Typically, the USCIS EAD processing time ranges from 2 to 5 months. You can check current timelines on the USCIS processing time tool.
Although it might feel like a long wait, obtaining your EAD is worth it—it serves as your legal authorization to work while your green card application is pending. Once approved, you can work in the United States without restrictions, whether part-time or full-time (excluding positions requiring U.S. security clearance).
To track your case, attach Form G-1145 (E-Notification of Application Acceptance) to the first page of your I-765. USCIS will then email or text you updates when your form is received and later approved. Your EAD card, a laminated plastic ID, will be mailed to you after approval.
Can You Request Premium Processing for the EAD?
Unfortunately, premium processing is not available for Employment Authorization Documents (EADs). There is currently no option to expedite EAD applications manually.
Employment Authorization Document (EAD) Filing Fees
- Standalone I-765 filing fee: $470
- Concurrent filing with Form I-485: $260
- Exemptions: Certain applicants, such as asylees, refugees, and individuals under special programs, may qualify for fee waivers.
At Green Card Link, its immigration attorneys help determine whether you qualify for exemptions and ensure your EAD and green card applications are correctly filed to avoid delays.
Will You Still Need an EAD After Receiving Your Green Card?
No. The EAD is temporary, granting employment authorization while your green card is pending. Once your marriage-based green card is approved, you will no longer need the EAD. As a lawful permanent resident, you can work for any employer in the United States—without needing a separate permit.
What Happens If You Work Without Authorization?
Working without a valid EAD or work visa can have serious immigration consequences. Most employers will verify your work authorization before hiring, and unauthorized employment can lead to penalties or jeopardize your green card application. Since the EAD usually takes only a few months to process, it is better to wait for approval before starting any job.
Traveling Abroad While Your Marriage-Based Green Card Is Pending
You may travel outside the U.S. while your petition is pending, but only with an approved travel document (Advance Parole). Traveling without this document is considered abandonment of your green card application, requiring you to start over.
Advance Parole and EAD applications generally take similar processing times. Having both allows you to decide whether to work in the U.S. or travel abroad while waiting for green card approval.
Frequently Asked Questions (FAQ)
Can I work while my I-765 is pending?
No. You must wait for USCIS to approve your EAD before starting work.
Can I file Form I-765 at a different time than Form I-485?
Yes. You can file it separately later, although filing both concurrently is faster.
How long is an EAD valid for?
Marriage-based EADs are typically valid for two years. You can renew by submitting a new I-765.
What is the cost to renew my EAD?
The renewal fee is $470 for online filing or $520 by mail.
Do I need another EAD after receiving my green card?
No. Your green card grants full work authorization.
Can I travel overseas with my EAD?
No. The EAD authorizes employment only. To travel abroad, you must apply for Advance Parole (Form I-131), which you can file together with Form I-765.
Can I apply for a work permit from outside the U.S.?
No. You must be physically present in the U.S. with a pending I-485 to apply.
Can I apply for a work permit before filing my green card application?
No. You can only apply after filing your I-485 or concurrently with it.
How long does it take to get a work permit in 2025?
Processing times are expected to remain around 2–5 months.
Can I live in the U.S. while my green card is pending?
Yes. You may remain in the U.S. legally while your I-485 is under review.
In Our Experience
Although USCIS doesn’t yet allow premium processing for marriage-based EADs, the service continues to expand to other categories. Speak with an immigration attorney at Green Card Link to stay updated on these policy changes and explore the fastest options for your case.
How Green Card Link Can Help
Navigating U.S. immigration laws can be overwhelming, especially when your employment and status depend on accurate filings. At Green Card Link, our immigration attorneys specialize in marriage-based green card and EAD applications, guiding clients through every step to ensure accuracy, compliance, and success.
Schedule a consultation today to start your journey toward lawful employment and permanent residency in the United States.
