How Unauthorized Employment Affects Your Green Card Application

Published: May 30, 2025

Does engaging in unlawful work complicate your green application? The Immigration and Nationality Act (INA) specifies regulatory constraints for working without authorization, which can hinder your ability to become a lawful permanent resident (LPR) or green card holder in the US. 

Suppose you start working without proper authorization during your stay in the US. INA sections 245(c)(2) and 245(c)(8) outline specific grounds that can make you ineligible to adjust your status, whether before or after applying. The upside is that you can continue your application despite past unauthorized employment if you meet the criteria for exemptions. 

Learn what constitutes unauthorized employment, its impact on your green card application, and when exemptions may apply to your situation. 

What Constitutes Unauthorized Employment 

Only individuals authorized to work in the US should secure employment. Unfortunately, some foreign workers accept jobs without valid work authorization. Doing so can subject the employee and employer to serious legal repercussions. The United States Citizenship and Immigration Services (USCIS) considers unauthorized employment to be: 

• Any work or service you perform for a US employer when you don’t have an employment authorization document (EAD) or work permit
• Working beyond the validity and scope of your existing work authorization. 

Impact of Unauthorized Employment on Your Green Card Application

Numerous factors can impact your ability to secure a US green card. USCIS carefully examines the totality of your situation to determine whether you remain qualified for an LPR or green card holder status. 

Suppose you have a history of unauthorized work in the US. How you approach it can be a decisive factor in the outcome of your green card application. Here’s how working without authorization can create significant barriers to becoming an LPR or green card holder: 

INA 245(c)(2)

This section covers any work performed without authorization before applying for a green card. Specifically, it prohibits you from adjusting your status for the following grounds: 

• You have engaged in unauthorized employment or continued to do so before submitting the application. 
• You’re out of lawful immigration status on the application filing date, except in limited cases where it’s beyond your control or due to technical reasons. 

INA 245(c)(8)

This section applies to any unauthorized employment at any point while you’re physically present in the US. It means you can be ineligible for adjustment of status if you have worked illegally before or even after the green card application filing date, unless you qualify for certain exemptions. Notably, there’s no legal forgiveness for accidental or minor violations of participating in unauthorized work under this provision. 

Exemptions for Green Card Applicants with Unauthorized Work

Certain exemptions are available for green card applicants with a history of working without authorization. Generally, the following individuals can successfully file a green card application while in the US despite an unauthorized employment record: 

• Parents, spouses, or unmarried children under 21 of a US citizen
• Those filing a petition under the Violence Against Women Act (VAWA)
• Physicians who satisfy the required eligibility criteria and their immediate families
• Qualifying G-4 or NATO-6 employees
• Those holding a special immigrant juvenile status
• Qualified members of the US armed forces and their immediate families

The rules surrounding these exemptions can be complex, and eligibility can be specific to an individual’s circumstances. Thus, the assistance of a Los Angeles immigration lawyer will be crucial in evaluating whether you’re still eligible to adjust your status under one of these exemptions. 

Protect Your Eligibility to Secure a Green Card

Submitting a green card application with unauthorized employment on your record can be significantly challenging. The upside is that working without authorization is forgivable in some instances. 

A well-versed Los Angeles immigration lawyer can assist you in assessing your circumstances and identifying what provisions specifically apply to your case. Remove the guesswork in your green card application with our team at ALG Lawyers. Connect with our firm now to initiate a case-specific consultation. 

FAQS on Unauthorized Employment in Your Green Card Application

Do you need to disclose unauthorized employment in your application?

The resulting consequences of working without authorization can be severe. Still, a complete and honest disclosure of any unauthorized work in your application is necessary. Disclosing this information at the outset may give you a chance to be eligible for specific waivers or exemptions. Otherwise, you may face worse outcomes than reporting it upfront. 

How long will it take for USCIS to approve your EAD application?

Processing time for an employment authorization document  (EAD) application can differ depending on your case’s specifics. Be sure to check the most recent update on the USCIS website. You can expect to receive your EAD card within two weeks after approval. 

Is it legal to start working before receiving your green card?

You can only legally start working before receiving your green card if you have a valid work permit or another existing visa that authorizes you to secure employment.