Do I need the I-765 to work after the I-140 approval?

Let us begin by clarifying that, in the EB-2 NIW process, the approval of the I-140 means that the United States government has recognized that you meet the eligibility criteria for the employment-based immigrant category. However, this approval does not, by itself, grant authorization to work.

In order for you to engage in paid activities in the US while awaiting adjustment of status to permanent residence, it is necessary to obtain a work authorization.

In many cases, when the applicant is in the United States and their priority date is current, they can file the I-485, the adjustment of status application, simultaneously with the I-765, which is the form to request the Employment Authorization Document (EAD). If both applications are approved, the EAD allows you to work while your green card is being processed. It is important to highlight that without this specific authorization – the EAD – the I-140 approval does not grant you the right to start employment, as it only validates your case for immigrability.

However, if you already have another valid form of work authorization in the United States, such as a visa that permits employment, the need to apply for the I-765 may not be immediate. Still, it is always essential for the applicant to be attentive to the current rules, since authorization to work is strictly defined by U.S. immigration laws.

It is recommended that you always follow American immigration laws and seek information from reliable sources. Due to the complexity of some details and variations in the process, consulting qualified professionals can help clarify particularities of your case. This prevents falling victim to scams or compromising your process by relying on inaccurate information from marketing campaigns that promise results without legal basis.

Remember that this information is provided generally and does not replace personalized legal advice. It is fundamental that you check the current requirements on the official United States Citizenship and Immigration Services (USCIS) website or consult an immigration specialist to ensure that all steps and documents are correct and in compliance with the current regulations.

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.