If my EB-1A I-140 is approved, can I start working immediately based on that?

The EB-1 visa is a category aimed at professionals with extraordinary abilities in their fields, and the I-140 is the petition that demonstrates this eligibility. Many people think that once the EB-1A I-140 is approved, they can start working immediately. However, it is important to understand that the approval of the I-140, by itself, does not automatically grant authorization to work in the United States.

When the EB-1A I-140 is approved, you still need to secure a legal status that allows you to perform work activities in the country. For example, if you are already in the United States with a visa that authorizes you to work, such as the H-1B visa, you may continue working normally. However, if you are awaiting adjustment of status or do not yet have an Employment Authorization Document (EAD), the approval of the I-140 does not immediately translate into employment authorization.

Therefore, the next step would be obtaining an immigrant visa (through adjustment of status, if you are in the country) or the issuance of a document that permits work. For this reason, it is essential to strictly follow United States immigration laws and stay well informed about the procedures. Consulting official sources and relying on the support of specialized professionals, who can provide proper guidance, helps avoid complications and prevent falling into traps or promises of guaranteed results, which are often part of dubious marketing campaigns.

Each stage of the process must be carefully monitored and validated to ensure all legal requirements are met. Remember: having an approved petition like the EB-1A I-140 is an important step toward permanent residency, but authorization to work depends on maintaining an appropriate legal status or obtaining a new specific document that allows remunerated activities. Staying informed and seeking support from reliable sources makes all the difference in this process.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.