Working While and Adjustment of Status Application is Pending
Individuals who have filed for Adjustment of Status by filing form I-485 are eligible to apply for work permission based on that pending application. However, not everyone needs to file for work permission.
|
Nonimmigrant status held… |
Should File…. |
Reason |
|
E, H, L |
Nothing, as long as individual continues to work in same position covered by the nonimmigrant petition. |
Immigration has already developed guidance that allows these status holders to continue working for their current sponsor under the terms and conditions of their approved nonimmigrant petition. However, individuals who wish to work for another employer should file for work permission. Also, anyone who travels and re-enters the U.S. using advance parole documents must have a valid employment authorization card to continue working. |
|
All others |
Form I-765 Application for Employment Authorization Document |
These statuses do not incorporate the concept of dual intent. Individuals wishing to work while their adjustment of status application is pending should file for work permission. |
