Do you need to wait for the EAD to arrive before starting work with a pending adjustment of status?

Yes. While your adjustment of status is pending, the document that authorizes paid employment is the EAD (Employment Authorization Document). You must wait for its approval and issuance before starting any paid job.

On the EB-2 NIW path, as with other adjustment of status cases, having a pending petition is not enough to work: the authorization must be granted first. Starting work without a valid EAD can be treated as unauthorized employment and create complications for your immigration case.

The best practice is straightforward:

• Wait for the EAD to be issued before your first day of paid work.
• Confirm that the document is valid and within its validity period.
• Keep your authorization document with your records.

Since rules can change and each case has its own details, check the latest guidance on official USCIS channels and, if in doubt, consult a specialist before starting work.

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.