If You Get a Green Card, Can You Start Working in the U.S. Right Away?

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Procedures and Points to Note from Entry to Actual Employment After Approval of U.S. Employment-Based Immigration

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One of the questions frequently asked by those preparing for U.S. employment-based immigration is, "If I get a green card, can I start working in the U.S. right away?"

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To answer briefly, once you complete the employment-based immigration process and obtain U.S. permanent resident status, you can legally work in the U.S. without a separate work permit. However, if you enter the U.S. after being issued an immigrant visa abroad, it is important to distinguish between the date the immigrant visa is approved and the point at which you actually obtain permanent resident status. In addition, the point at which you become legally eligible to work does not necessarily coincide with the date of your actual first day at the company.

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The actual start date of employment can vary depending on the employment-based immigration category and process, the employer's onboarding procedures, SSN issuance, and training and orientation schedules.

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This article looks at, from a practical standpoint, the process from obtaining a green card through U.S. employment-based immigration to actually starting work.

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■ If Processed Abroad, Permanent Resident Status Begins Upon Entry to the U.S.

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Applicants processing employment-based immigration from abroad, including Korea, generally receive an immigrant visa from a U.S. embassy or consulate after USCIS approves the immigrant petition and the State Department completes the immigrant visa process.

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What is important here is that being issued an immigrant visa does not, by itself, mean you have obtained U.S. permanent resident status. You become a Lawful Permanent Resident of the United States from the point you enter the U.S. with the immigrant visa and pass inspection by U.S. Customs and Border Protection (CBP).

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Many people think they can only start working once they physically receive the plastic green card, but that is not the case. The green card is an important document proving permanent resident status, but the status itself already exists before the card arrives in the mail.

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Since a properly processed immigrant visa can serve as temporary proof of permanent residence (I-551) for a certain period after entry, the fact that the plastic green card has not yet arrived does not, by itself, prevent you from starting work.

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■ Permanent Residents Can Work Without a Separate EAD

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Because permanent residents are granted the right to work within the United States, unlike holders of typical nonimmigrant work visas, they do not need to obtain a separate Employment Authorization Document (EAD) in order to work.

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However, during the actual onboarding process, the employer must verify the worker's identity and work eligibility through Form I-9. Even if the green card has not yet been issued, work eligibility can be proven using other documents recognized under the regulations.

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Therefore, it is not accurate to assume that "you cannot work until the green card arrives." Legal eligibility to work and a company's internal onboarding administrative procedures are separate matters that need to be distinguished.

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■ Not Having an SSN Yet Does Not Mean You Lack Work Eligibility

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Another thing to check when starting employment in the U.S. is the Social Security Number, or SSN.

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If you applied for an SSN together with your immigrant visa application, the card is generally issued through the Social Security Administration after you enter the U.S. However, issuance may be delayed, or a separate application may be needed, due to processing or address issues.

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You should not confuse the SSN with work eligibility. The SSN is an important number needed for employment administration such as payroll and tax reporting, but the fact that the SSN card has not yet arrived does not mean that a permanent resident lacks work eligibility.

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Since the actual start date can be adjusted according to the employer's HR and payroll systems and internal procedures, it is advisable to check the necessary documents and start date with the relevant contact before and after entry.

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■ The Actual First Day of Work May Vary Depending on the Employer's Schedule

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Becoming legally eligible to work does not mean you must start working the day after entering the U.S.

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If the employer has completed onboarding preparations in advance, you may be able to start work relatively soon after entry. On the other hand, if procedures such as payroll registration, orientation, training, work-site assignment, uniform issuance, or safety or job training are required, a certain preparation period may occur before you actually start work.

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In particular, if an employment-based immigrant applicant is moving to the U.S. from abroad for the first time, basic settlement steps such as securing housing and arranging transportation are also necessary. It is therefore important to consult sufficiently with the employer to set a realistic start date.

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What matters is avoiding a situation in which you do not start working for a prolonged period without a valid reason. In employer-sponsored employment-based immigration cases, it is important that the actual employment relationship assumed during the green card application process continues after entry.

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■ In Employer-Sponsored Employment-Based Immigration, Genuine Intent to Work Is Important

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One of the most important things to understand about U.S. employment-based immigration is distinguishing how the green card was obtained.

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Typical EB-2 and EB-3 employment-based immigration cases based on PERM labor certification and the employer's I-140 petition proceed on the premise that a specific employer offers to hire the applicant after the green card is approved. The applicant, in turn, must have a genuine intent to work in that job after obtaining the green card.

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Therefore, if you do not report to the sponsoring employer immediately after obtaining the green card, or if you had planned from the outset to work at a different company, questions may be raised about the genuineness of the employment intent at the time of the green card application.

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On the other hand, the facts are different if the applicant actually starts working at the sponsoring company but the employment relationship later ends due to the company's business problems, termination, a significant change in working conditions, or unavoidable personal circumstances. In employment-based immigration, it is not simply the length of employment that matters; whether both the employer and the applicant had a genuine intent to employ and to work at the time the green card was obtained can be an important factor in the determination.

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■ There Is No Rule Requiring You to Work for Exactly 6 Months or 1 Year

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During employment-based immigration consultations, you may come across claims such as "you must work at the sponsoring company for at least 6 months after getting the green card" or "you must complete at least 1 year."

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However, there is no immigration law provision that uniformly requires employer-sponsored employment-based immigrants to work for exactly 6 months or 1 year after obtaining the green card.

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Nevertheless, caution is needed if you do not work at the sponsoring company at all right after receiving the green card, or if you work for only a very short period before immediately changing jobs. In particular, if the history of your past employment-based immigration is reviewed in connection with a future U.S. citizenship application or other immigration procedures, you may need to explain whether you genuinely intended to work for that employer from the outset.

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Therefore, rather than approaching this as simply "completing a certain number of months," it is appropriate to think in terms of the principle of actually being employed by the sponsoring employer and maintaining a normal employment relationship.

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■ NIW and EB-1A Have a Different Structure from Employer-Sponsored Cases

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Not all employment-based immigration requires you to work for a specific employer.

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Typical examples are the EB-2 National Interest Waiver (NIW) and EB-1A Extraordinary Ability categories, which, if certain requirements are met, can proceed through self-petition without a permanent job offer from an employer or PERM labor certification.

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Therefore, a "mandatory period of employment with the sponsoring company" in the same sense as under standard EB-2 or EB-3 does not apply to someone who obtained a green card under these categories.

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However, for NIW and EB-1A as well, the professional field and planned future activities in the U.S. presented during the green card application are important grounds for approval, so if the actual activities after approval are completely unrelated to the plans presented at the time of application, an explanation may be needed in some cases.

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Ultimately, the considerations after entry can vary depending on the category under which the green card was obtained in employment-based immigration.

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■ After Entering the U.S., Employment and Settlement Procedures Proceed Simultaneously

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When you first enter the U.S. through employment-based immigration, preparing for work and settling into daily life actually proceed at the same time.

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You need to check the issuance and delivery status of your green card and SSN, and you also need to take care of basic preparations for life in the U.S., such as securing housing, opening a bank account, activating a phone, obtaining a driver's license, arranging a vehicle or transportation, and enrolling in health insurance.

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If your address changes, you should also check USCIS's address change reporting requirements. If your address changes before the green card is mailed, there may be problems with delivery, so it is especially important to manage your address carefully in the early period after entry.

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Depending on the occupation, separate training or qualification requirements may need to be completed before starting work. Typical examples include sanitation training for food-related occupations, safety training in manufacturing, and license or credential verification for healthcare-related occupations.

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Therefore, it is best to understand the period right after entering the U.S. not simply as a waiting period, but as a settling-in process for actually starting employment and life in the U.S.

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■ Obtaining a Green Card Through Employment-Based Immigration Is the Start of Working and Settling in the U.S.

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Once you become a permanent resident through U.S. employment-based immigration, you have status that allows you to work legally in the U.S. without a separate work visa or general work permit. If the process was completed by receiving an immigrant visa abroad, permanent resident status begins upon entry into the U.S., so there is no absolute need to wait until the plastic green card arrives.

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However, the actual start date can vary depending on the employer's onboarding schedule, training, and administrative procedures.

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In particular, for categories like EB-2 and EB-3 where the green card is obtained based on a specific employer's job offer, it is more important to properly begin the actual employment relationship after approval than the approval itself. On the other hand, for categories like NIW or EB-1A that do not presuppose a specific employer, the focus should be on the basis for approval and the nature of future activities.

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Ultimately, in employment-based immigration, obtaining a green card is more accurately viewed not as the end of the process but as a new stage where you actually begin your career and life in the U.S. Understanding the requirements that fit your employment-based immigration category even after receiving the green card, and systematically preparing for entry, employment, and initial settlement, is an important starting point for a stable life in the U.S.