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

No. Having your I-140 EB-1A approved is an important step toward permanent residence, but the approval of the petition alone does not grant automatic work authorization in the United States.

The right to perform paid work depends on your immigration status, not simply on an approved petition. In practice, the most common scenarios are:

• Those already in the U.S. under a status that permits employment, such as H-1B, may continue working within the rules of that status.
• Those awaiting adjustment of status typically need a dedicated employment authorization document (EAD) before they can work.
• Those outside the country proceed through the immigrant visa process, and the I-140 approval does not become an immediate work permit.

In short, an approved petition opens the path forward, but employment authorization comes from maintaining a valid status or obtaining a specific document.

Because every situation is different, it is worth confirming the current rules directly with USCIS and reviewing your case with a qualified specialist before you begin working.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.