How and When Can I Work?

Q: What do I need to be able to work in the U.S.?

A: Aside from U.S. citizenship, there are three basic types of authorization: Permanent Residence (a "Green Card"), a nonimmigrant visa which permits employment "incident to status" (such as an H-1B, L-1, O-1, P-1, etc.) and possession of an Employment Authorization Document ("EAD").

Any of a long list of factors can entitle someone to an EAD - but these factors are very specific (two of the most common are having completed a degree program as an F-1 student and having already filed the last stage of a permanent residence - an Application to Adjust Status - but having not yet received approval) and often impose short time limits on the validity of the EAD. Please see our FAQ Basics page for information on permanent residence, individual nonimmigrant visas, and some of the ways in which one would be eligible for an EAD.

Q: When am I first able to work in each type of work authorization?

A: For all three types of work authorization, a foreign national can work once they receive that status. For permanent residence, this means once the person adjusts status to permanent residence in the U.S. or enters the U.S. as a permanent resident after processing through a U.S. embassy or consulate abroad. For a nonimmigrant visa, this means once the foreign national has either entered the U.S. in the nonimmigrant status or once they have changed status while here from some other nonimmigrant status. For an EAD, this means upon receipt of the actual EAD.

Q: When is a foreign national able to work when seeking an extension or renewal of each type of authorization?

A: For a permanent resident, expiration of the permanent resident card does not mean expiration of permanent residence itself. While the card must be renewed after ten years, expiration of the old card does not inhibit the ability to work - even if the replacement card has not yet been received or has not even been applied for (however, it will be extremely difficult to change jobs or travel internationally without a valid permanent residence card)!

One caveat - if permanent residence is conditional and so needs to have conditions removed after a shorter period than ten years, the rules are different - a Petition to Remove Conditions must have been filed on time. The Receipt Notice for this filing will normally extend the conditional status while the case is pending.

For a nonimmigrant visa which permits employment incident to status, in most cases it is only necessary to ensure that the petition for extension is filed before the expiration of the existing period of status - the extension need not be approved for the foreign national to continue working past the expiration date of the last nonimmigrant visa for up to 240 days while the extension request is processed. After 240 days, approval of the extension petition is required (but will normally have been received within this time period).

Note that a change to a different nonimmigrant status is not considered an extension - approval of the new status is required in order to begin work in that status. Another unique situation is where a nonimmigrant changes employers: with the exception of the H-1B visa, where the filing of an amendment petition to reflect the change of employers is sufficient to allow the foreign national to start work with the new employer, the petition for the new employer must normally be approved before the foreign national can begin working for that new employer.

For the EAD, a valid EAD is needed to work at all times - even the filing of an application for a new EAD before the expiration of the old one is not enough to permit continued employment once the old EAD expires.

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The above is presented for informational purposes only, and does not constitute legal advice or create an attorney-client relationship with our firm. The information provided should not be used as guidance in pursuing an immigration matter absent consultation with a qualified immigration attorney.