Working While Your I-485 Is Pending in Immigration Court

Your green card case is in immigration court, and your paycheck may depend on it. Many people in this spot want to know if they can keep working while they wait.

In many cases, yes. Certain classes of aliens listed in 8 C.F.R. § 274a.12 must apply to U.S. Citizenship and Immigration Services (USCIS) for a document evidencing employment authorization. Whether you qualify depends on the facts of your case, including your status and the filings you made.

Can You Work While an I-485 Is Pending in Immigration Court?

Filing an I-485 and getting work permission are two separate steps. The I-485 asks for a green card. The I-765 asks for permission to work. Filing one does not grant the other.

The rule for pending green card applicants is in 8 C.F.R. § 274a.12. Under 8 C.F.R. § 274a.12(c)(9), a person with a properly filed Form I-485 is not deemed an unauthorized alien, as defined in section 274A(h)(3) of the Act, for purposes of section 245(c)(8) of the Act while the application is pending final adjudication, if the person has otherwise obtained permission to engage in employment, or if employment authorization was granted before the adjustment application was filed and does not expire while it is pending. The same protection applies if they had work authorization before filing that does not expire during the case. Read that condition closely. It depends on permission you already held.

The law also sets a trap. 8 U.S.C. § 1255 generally bars adjustment for someone who works without authorization before filing, or who is in unlawful status on the filing date. There are exceptions, such as for immediate relatives. Review your work history and your green card filing together.

How the I-765 Work Permit Connects to a Pending I-485

You request the work permit on Form I-765, and USCIS decides it. 8 C.F.R. § 274a.13 also allows concurrent filing with a related benefit request only where the form instructions or USCIS announcements allow it. Check the current instructions before you file both forms together.

USCIS sets the card’s validity period.

The card does not last forever.

Work Permit Rules When the Case Is in Removal Proceedings

In removal proceedings, the immigration judge decides the green card request. The work permit still runs through USCIS. Under 8 C.F.R. § 1245.2, the immigration judge has exclusive jurisdiction over an adjustment application filed by a person in removal proceedings, other than an arriving alien. So you may have two tracks: the court for the green card and USCIS for the work card.

Track every court date. A judge may grant a continuance, which is a postponement, for good cause shown under 8 C.F.R. § 1003.29. Each new date changes the timeline for your papers.

Under 8 U.S.C. § 1229a, a proceeding under that section is the sole and exclusive procedure for deciding whether a person may be admitted or removed, unless otherwise specified in this chapter. Ask about this before assuming your card covers you.

How Asylum Work Permit Timing Differs from Adjustment of Status

The asylum work permit runs on a different clock than the I-485 work permit. Mixing them up leads to wrong plans.

For asylum applicants who are not aggravated felons, 8 C.F.R. § 208.7 says a work permit request can be filed no earlier than 150 days after a complete asylum application is received, with listed exceptions. If the application is not rejected or denied, USCIS has 30 days from the filing of the work permit request to grant or deny it. For asylum applications filed on or after April 1, 1997, no work permit is issued before the 180-day period after filing.

Its work rule ties to the pending asylum application and to the pending application for employment authorization. Don’t count 150 or 180 days from your I-485 filing date.

The asylum clock also ends differently. If an immigration judge denies or rejects an asylum application asylum, work authorization ends 30 days later unless the person appeals to the Board of Immigration Appeals. If the Board denies that appeal, work authorization ends immediately.

Bring every receipt to your review.

What Happens to Work Authorization If the I-485 Is Denied or the Case Changes

A denial ends the pending-application protection that the work rule describes. Read your denial notice and your card’s expiration date together.

Under 8 C.F.R. § 1245.2, no appeal lies from a director’s denial of an adjustment application. A person who is not an arriving alien keeps the right to renew the application in removal proceedings under part 1240.

Renewal timing matters. The automatic extension in 8 C.F.R. § 274a.13 can keep an expired card valid for up to 540 days for renewal applications filed before October 30, 2025. It covers only renewals filed before the card expires that meet listed criteria. One criterion excludes categories that need an underlying application decided first, which may not fit many pending green card applicants. File the renewal before the card expires. Don’t assume an extension covers you.

A gap can mean lost pay while a new card is pending. A BIA appeal, a continuance, or a change in removal status can all change the work picture. Review these questions quickly, not at the next hearing.

Next Steps for Your Work Permit and Pending Green Card Case

Gather your papers first. You’ll need the I-485 receipt notice, the I-765 receipt, your current work card, your next court date, and any removal paperwork. Those documents show where your case stands.

For background on the main green card routes, the Migration Policy Institute explainer covers adjustment from another status and family or employer sponsorship.

Our practice focuses on removal defense, adjustment of status, and related immigration matters. Adriana Gomez is the responsible lawyer for this page. Consultations are paid.

If your job or income rides on this case, you don’t have to sort out the work permit alone. Call the office, send a message on WhatsApp, use our contact page, or book a paid consultation to review your receipts and court date.

Frequently asked questions