Can I work while my immigration application is pending?

Often yes, with an employment authorization document. Federal regulation 8 C.F.R. § 274a.12 lists who qualifies, including applicants with a pending adjustment of status and asylum applicants whose cases have been pending the statutory waiting period. The permit is requested on Form I-765 and must be in hand before working.

Work authorization is category-driven: 8 C.F.R. § 274a.12 enumerates who may work automatically because of status and who may apply for an employment authorization document (EAD). The common pending-case categories: an applicant for adjustment of status may apply for an open-market EAD as soon as the I-485 is filed; an asylum applicant may apply after the asylum application has been pending the waiting period fixed by statute and regulation; and beneficiaries of TPS, DACA, and certain other programs have their own categories. The EAD is requested on Form I-765 and renewed before expiration, regulations provide automatic extensions for many timely renewals. Working without authorization is risky in different degrees: it bars adjustment for most employment- and preference-based applicants under 8 U.S.C. § 1255(c), though immediate relatives of U.S. citizens are forgiven that bar, and it can complicate future filings. An employer's verification duties are separate. Before any job starts, the category, the card, and the timing should line up.

Authority: 8 C.F.R. § 274a.12