Can You Work While Waiting for Your Green Card?
Is it permissible to be employed while awaiting my Green Card?
The United States has the world’s largest economy and there are millions of US job openings available.
Consequently, foreign workers are needed in every sector of the economy from construction to healthcare to information technology.
Foreign workers must be authorized to legally work in the USA, whether on a temporary basis or long-term as Green Card holders.
One way to work in the USA legally is with a US Permanent Resident Green Card.
Another route to lawful employment in the United States is to receive a US Work Visa.
Many foreign workers wonder if they can work while waiting for a Green Card.
This article will answer that question and others, so keep reading to learn more!
Table of Contents
Obtaining Work Permit While Waiting for Green Card
- Eligibility Requirements and Application Process:
- Everyone who is working in the USA must be authorized to do so legally.
- Individuals who can legally work in the USA include:
- American citizens
- US Permanent Resident Green Card holders
- Temporary foreign workers with a US Work Visa
- If you have applied for a Green Card, but have not yet been approved, and you want to legally work in the USA, then you will need to obtain a US Work Visa or other employment authorization.
- In order to receive a temporary US Work Visa, you will need to satisfy the eligibility requirements for the specific visa.
- Each US Work Visa has its own eligibility requirements and application procedure.
- Examples of US Work Visas include the: H-1B Work Visa, L-1 Work Visa, and the O-1 Work Visa.
- Many US Work Visas require the foreign worker to receive a valid job offer from an employer in the United States.
- Several US Work Visas require the employer to file a petition with US Citizenship and Immigration Services (USCIS).
- In some cases, a labor certification must be received from the US Department of Labor.
- Certain US Work Visas require a specialized occupation, extraordinary ability or extraordinary achievement.
- A common requirement for many US Work Visas is for the employer to receive approval of the petition from USCIS and/or a labor certification from the US Department of Labor before the foreign worker can file the application for the relevant US Work Visa with the American Embassy or Consulate.
- The foreign worker will need to pay the US Work Visa Application Fee and attend an interview at the American Embassy or Consulate.
- If all goes well, a US Work Visa will be placed in the foreign worker’s passport and then he or she will be allowed to work in the USA according to the terms of the particular visa.
- Please note that in order to legally work in the USA, American citizens, Green Card holders and temporary foreign workers with a US Work Visa must have a Social Security Number (SSN).
- Once the temporary foreign worker receives his or her United States Permanent Resident Green Card, the US Work Visa will no longer be required and the Green Card will be presented when necessary as proof of authorization to live, study and work in the USA long-term.
What Happens if I Start Working Without a Work Permit?
If you start working in the USA without a US Work Visa or other employment authorization, you could receive significant penalties such as:
- Deportation: It is illegal for someone who is not an American citizen or Green Card holder to work in the USA without official employment authorization (such as possessing a valid US Work Visa) and the penalty can be deportation (forced removal from the United States) and/or revoking of the US visa.
- A ban from entering the USA for 3–10 years: Working in the USA without a US Work Visa or other official employment authorization could also result in being banned from entering the United States for approximately 3-10 years.
- Difficulty obtaining a US visa: It could be more difficult to obtain a US visa of any type after working in the USA without employment authorization, since the foreign national has violated federal law(s) and it may be assumed that they could do so in the future (i.e., you could become inadmissible).
Denial of Green Card: If you work in the USA without a US Work Visa or other official employment authorization, your Green Card application could be denied.
Work Restrictions While Waiting for Green Card
- Limitations on Work Authorization: You cannot legally work in the USA while waiting for your Green Card to be approved unless you have a US Work Visa or other official employment authorization. For example, if you have valid H-1B status and have applied for a Green Card, but have not yet been approved, you can continue to work in the USA with your H-1B.
- Employer Sponsorship: If you have received a valid US job offer by an employer in the United States, but have not yet been approved for an Employment-Based Green Card or any other official employment authorization, you are not allowed to work in the USA and must wait to receive your Green Card or US Work Visa (as relevant).
- Legal Considerations: It is illegal for you to work in the USA while waiting for a Green Card unless you have official employment authorization (such as a valid US Work Visa). The legal consequences of working in the USA without official employment authorization could include deportation, revoking of your US visa, a ban on entering the US for 3-10 years, inadmissibility to enter the United States in the future, and denial of your Green Card application.
Pros and Cons of Working While Waiting for a Green Card
The pros (advantages) of working in the USA while waiting for a Green Card include:
- Earning Money
- Gaining US Work Experience
- Career Advancement
- Building Your Professional and Social Network
The cons (disadvantages) of working in the USA while waiting for a Green Card include:
- Penalties That Could Occur if You Are Working in the USA without Official Employment Authorization:
- Deportation from the United States
- Revoking of Your US Visa
- Ban from Receiving a US Visa for 3-10 Years
- Inadmissibility to Enter the US in the Future
- Denial of Your Green Card Application
Conclusion
You are allowed to work in the USA while waiting for Green Card approval as long as you have the proper employment authorization, such as a valid US Work Visa.
It is illegal to work in the USA without official employment authorization and you could receive significant penalties if you do.
Therefore, if you want to work in the US while waiting for your Green Card, it is necessary to obtain a US Work Visa or other employment authorization first.
Perhaps, you would like to live and work in the USA, but you are not sure which US visa program you are eligible to apply for.
Don’t worry, because USAFIS offers a US Visa Assessment that will inform you about your best option to legally live and work in America!
USAFIS can also provide you with supplementary services to help your relocation to the US go as smoothly as possible.
Frequently Asked Questions (FAQ’s)
What happens if you work without a Green Card?
If you work in the USA without a Green Card and you are not an American citizen, you must have some other official employment authorization, such as a US Work Visa. Working in the USA without the proper employment authorization is illegal and significant penalties can be received by foreign nationals, such as deportation, revoking of a US visa, inadmissibility to enter the United States in the future, and denial of a Green Card application.
Can I start working before I get my Green Card?
You can start working in the USA before you get your Green Card only if you obtain another form of official employment authorization, such as a US Work Visa. Never work in the USA without having the proper employment authorization, because it is illegal and you could incur significant penalties, including deportation and the denial of your Green Card application.
How can I obtain work authorization while waiting for my Green Card?
You could apply for a US Work Visa if you meet the eligibility requirements. Examples include the H-1B Work Visa, L-1 Work Visa and the O-1 Work Visa. Each US Work Visa has its own eligibility requirements and application procedure. Many US Work Visas require a foreign worker to receive a valid offer of employment from an employer in the United States. USAFIS can provide you with a US Visa Assessment that will evaluate your details and let you known which US visa is right for you.
Is it legal to work while waiting for my Green Card?
Yes, it is legal to work in the USA while waiting for your Green Card to be approved as long as you have official employment authorization, such as a valid US Work Visa. In the event that you have received a qualifying US job offer from an employer in the United States and have applied for an Employment-Based Green Card, you will need to wait until your Green Card has been approved by US Citizenship and Immigration Services (USCIS) before you can start working in the USA legally.
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