Applying for a green card can be a lengthy process, and many applicants continue living and working in the United States under a temporary employment-based visa while their applications are pending. This can create an important question: What happens if your work visa expires before your green card is approved?

An expired work visa does not necessarily mean that your green card application will be denied or that you must immediately leave the United States. However, your ability to remain in the country and continue working legally depends on your immigration status, the type of application you filed, and whether you have valid employment authorization.

At Gurian Group, P.A., we provide immigration legal assistance to individuals and families navigating green cards, work authorization, visas, and other U.S. immigration matters.

A Pending Green Card Application May Affect Your Ability to Stay in the U.S.

For many applicants applying for permanent residence from within the United States, filing Form I-485, Application to Register Permanent Residence or Adjust Status, can allow them to remain in the country while U.S. Citizenship and Immigration Services (USCIS) processes the application.

This is different from maintaining the temporary nonimmigrant status associated with a work visa. Depending on the circumstances, an individual may have a period of authorized stay based on a pending adjustment application even after the underlying nonimmigrant status expires.

Immigration cases vary considerably, so applicants should not assume that filing a green card application automatically resolves every issue associated with an expiring visa.

Can You Keep Working After Your Work Visa Expires?

The right to remain in the United States and the right to work are separate immigration issues. A pending green card application by itself does not necessarily authorize employment.

Many adjustment-of-status applicants file Form I-765, Application for Employment Authorization, to obtain an Employment Authorization Document (EAD). A valid EAD may allow an applicant to continue working while the green card application is pending, even when employment authorization connected to a previous visa status has ended.

Certain applicants may also qualify for an automatic extension of an EAD after filing a timely renewal application, depending on the eligibility category and current USCIS rules.

Continuing to work without authorization can create serious immigration complications. Anyone approaching the expiration of a work visa or EAD should review available options before employment authorization lapses.

Your Visa Expiration Date and Immigration Status Are Not Always the Same

It is also important to distinguish between the expiration date printed on a visa and the period of authorized stay in the United States.

A visa generally permits a foreign national to seek entry at a U.S. port of entry. Once admitted, the individual's Form I-94 typically indicates how long the person is authorized to remain in the country under that admission.

As a result, an expired visa stamp does not always mean that someone's authorized stay has expired. Understanding the difference between visa validity, immigration status, authorized stay, and employment authorization can be critical when a green card case is pending.

What If You Need to Travel Outside the United States?

International travel can add another layer of complexity to a pending green card application. Depending on the applicant's circumstances and immigration classification, leaving the United States without appropriate authorization may cause USCIS to consider an adjustment-of-status application abandoned.

Some applicants seek advance parole before traveling internationally while Form I-485 is pending. Different rules or exceptions can apply to certain visa classifications, making it important to review the potential immigration consequences before leaving the country.

Steps to Consider Before Your Work Authorization Expires

If your work visa or employment authorization will expire while your green card is pending, planning ahead can help reduce the risk of interruptions or immigration problems. Consider reviewing:

• The expiration date on your Form I-94
• The status of your pending Form I-485
• Your current employment authorization
• Whether you qualify to apply for or renew an EAD
• Whether your current nonimmigrant status can or should be extended
• The consequences of international travel
• Any USCIS notices, requests for evidence, or upcoming deadlines

Because immigration rules can depend heavily on the individual's visa category and immigration history, obtaining legal guidance before an expiration date can be particularly important.

Does an Expired Work Visa Mean Your Green Card Will Be Denied?

Not automatically. The effect of an expired work visa depends on the facts of the case, including how the green card application was filed, whether the applicant maintained lawful status when required, and whether any unauthorized employment or other immigration violations occurred.

Employment-based and family-based adjustment cases can also be subject to different rules and exceptions. Applicants should therefore avoid assuming that another person's experience will apply to their own situation.

Contact Gurian Group, P.A. for Immigration Legal Assistance

Waiting for a green card can already involve considerable uncertainty. An approaching work visa or employment authorization expiration can make the process even more complicated.

At Gurian Group, P.A., we provide legal assistance to immigrants throughout the United States. Our firm can help individuals understand how an expiring work visa may affect a pending green card application, evaluate employment authorization options, and address other immigration concerns that may arise during the permanent residence process.

If your work visa is expiring while your green card is pending, consider speaking with an immigration attorney before your current status or employment authorization ends.