How Long Does It Take to Get an EAD While Your Marriage-Based Green Card Is Pending?
Current Processing Times, Delays, and What Applicants Should Expect
For many families pursuing a marriage-based green card, the Employment Authorization Document, commonly called an EAD, is one of the most important parts of the process. The ability to work legally while an adjustment of status application is pending provides financial stability, access to employment benefits, and a sense of normalcy during a stressful period.
Despite its importance, EAD processing timelines have become unpredictable. Some applicants receive work authorization within weeks, while others wait many months. This article explains how EADs work in marriage-based adjustment cases, current processing trends, the legal framework governing EAD issuance, and what options exist when delays occur.
What Is an Employment Authorization Document?
An Employment Authorization Document is issued by U.S. Citizenship and Immigration Services and authorizes a noncitizen to work legally in the United States for a specific period of time.
For marriage-based adjustment applicants, EADs are typically issued under the following category:
(c)(9) for applicants with a pending Form I-485 application for adjustment of status.
The authority to issue employment authorization is derived from regulation rather than statute.
8 C.F.R. § 274a.12(c)(9) authorizes USCIS to grant work authorization to adjustment applicants as a matter of discretion.
Why the EAD Matters in Marriage-Based Cases
Marriage-based adjustment applicants often lose prior work authorization when they file Form I-485. For example:
- F-1 students may no longer be eligible for OPT
- H-1B or L-1 workers may change employers
- Visitors may not have any work authorization at all
Without an approved EAD, working is prohibited and can create serious immigration consequences.
Unauthorized employment can affect adjustment eligibility under INA § 245(c) unless an exception applies, such as for immediate relatives of U.S. citizens.
The Typical Timeline for a Marriage-Based EAD
While timelines vary significantly, the general process follows these steps:
- Filing of Forms I-485 and I-765
- Receipt notices issued by USCIS
- Biometrics appointment
- EAD adjudication and card production
Historically, EADs were often approved within 60 to 90 days. In recent years, processing times have fluctuated widely.
As of recent USCIS reporting, marriage-based EADs may be approved anywhere from a few weeks to several months after biometrics, depending on workload, service center, and case complexity.
Current Trends in EAD Processing
Many practitioners have observed the following trends:
- Increased variability in processing times
- Some cases approved quickly after biometrics
- Other cases pending well beyond posted processing times
- Delays tied to background checks and internal USCIS workload shifts
USCIS processing times are published online but are based on historical averages and do not guarantee individual outcomes.
Biometrics and Background Checks
Biometrics collection is a required step before EAD adjudication.
Under 8 C.F.R. § 103.2(b)(9), USCIS may require fingerprints and photographs to conduct background and security checks.
Delays in biometrics scheduling or background check completion can delay EAD issuance even when no issues exist in the underlying case.
Relationship Between the EAD and the Green Card Interview
Many applicants ask whether the EAD will be approved before the marriage-based green card interview.
There is no legal requirement that the EAD be issued before the interview. In some cases:
- The EAD is approved first
- The green card interview is scheduled later
- In other cases, the interview occurs before the EAD is issued
If the green card is approved, the EAD becomes unnecessary. However, if the interview is delayed, the EAD remains critical.
Advance Parole Considerations
Marriage-based applicants often file Form I-131 for Advance Parole at the same time as the EAD.
Advance Parole authorizes travel while the I-485 is pending.
The authority for Advance Parole is found at:
8 C.F.R. § 212.5(f)
Recent fee increases and processing delays have caused many applicants to reconsider whether filing for Advance Parole is worthwhile.
Travel without Advance Parole while an I-485 is pending can result in abandonment of the application under 8 C.F.R. § 245.2(a)(4)(ii).
What If the EAD Is Delayed?
Checking Case Status
Applicants can monitor their case through the USCIS online system.
Service Requests
If a case exceeds posted processing times, a service request may be submitted.
Expedite Requests
USCIS may expedite EADs under limited circumstances.
According to USCIS policy guidance, expedite requests may be granted for:
- Severe financial loss
- Emergency humanitarian reasons
- Compelling U.S. government interests
Expedite authority is discretionary and not guaranteed.
Legal Authority Governing EAD Issuance
Employment authorization for adjustment applicants is not a statutory right. It is a regulatory benefit granted at USCIS discretion.
Relevant authority includes:
- 8 C.F.R. § 274a.12(c)(9) for adjustment-based EADs
- 8 C.F.R. § 103.2(b)(9) for biometrics
- INA § 245, 8 U.S.C. § 1255 for adjustment eligibility
Courts have recognized USCIS’s broad discretion in adjudicating ancillary benefits.
In Gonzalez v. Cuccinelli, 985 F.3d 357 (4th Cir. 2021), the court acknowledged agency discretion in employment authorization timing, though the case involved asylum-based EADs rather than adjustment-based EADs.
Can Unauthorized Employment Harm the Green Card Case?
For immediate relatives of U.S. citizens, unauthorized employment is forgiven under INA § 245(c)(2).
However, unauthorized employment can still complicate the case and should be avoided whenever possible.
Field Office and Service Center Variations
EAD applications are processed at USCIS service centers, not local field offices. Workload differences among centers contribute to inconsistent timelines.
Applicants have no ability to choose where their EAD is processed.
Relevant Statutes, Regulations, and Policy Authority
- INA § 245, 8 U.S.C. § 1255 Adjustment of status framework
- 8 C.F.R. § 274a.12(c)(9) Employment authorization for adjustment applicants
- 8 C.F.R. § 103.2(b)(9) Biometrics requirements
- 8 C.F.R. § 245.2(a)(4)(ii) Abandonment of adjustment upon unauthorized travel
- Gonzalez v. Cuccinelli, 985 F.3d 357 (4th Cir. 2021) Agency discretion in EAD adjudication
Frequently Asked Questions
Can I work while waiting for my EAD?
No. Working without authorization is prohibited until the EAD is approved.
What if my EAD is still pending at the time of my interview?
The interview can proceed even if the EAD is pending.
Should I pay for Advance Parole?
It depends on whether travel is necessary during the pending period.
Can I expedite my EAD?
Possibly, if you meet strict criteria.
Will my EAD be approved before my interview?
Often yes, but not always.
What if I need to travel urgently?
Travel without Advance Parole can result in abandonment of the case.
Final Thoughts and Legal Disclaimer
This article provides general information and does not constitute legal advice. Processing times and eligibility vary based on individual circumstances.
Call to Action
If you are experiencing delays with your marriage-based EAD or have questions about work authorization while your green card case is pending, an immigration attorney can help evaluate your options and avoid costly mistakes.
Schedule Your Consultation
Immigration consultations available, subject to attorney review.