Do I need the I-765 to work after my I-140 is approved?

It depends on what work authorization you already have. In EB-2 NIW, approval of the I-140 confirms that you meet the requirements of the employment-based immigrant category, but it does not, on its own, grant permission to work in the United States.

To engage in paid work while awaiting permanent residence, you generally need a separate work authorization. When the applicant is in the United States and can adjust status, it is common to request an Employment Authorization Document (EAD) through the I-765, often filed together with the adjustment of status application (I-485). Once the EAD is approved, it allows you to work while the green card is being processed.

• The I-140 validates your immigrant category but does not authorize employment on its own.
• The EAD, requested via I-765, is the most common work authorization at this stage.
• If you already hold another valid work authorization, the I-765 may not be immediately necessary.

Because the rules and sequence of steps vary depending on your situation, it is worth confirming current requirements with USCIS and, when in doubt, seeking guidance from a trusted immigration professional.

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.