Is an EAD required to work while I wait?

While waiting for the conclusion of the EB-2 NIW process, your authorization to work depends on the immigration status you already hold. The Employment Authorization Document (EAD) is the document that authorizes individuals to work in the United States when they do not otherwise have a status that already permits employment.

If you are awaiting an adjustment of status as part of the process and have no other basis that authorizes you to work, you will need to apply for an EAD in order to work legally while your case is being reviewed. Working without this authorization can jeopardize the progress of your case.

On the other hand, those who already hold a visa that permits paid employment, such as the H-1B or the L-1, may continue working under that status while waiting for a decision on the petition, without needing to rely on the EAD.

Each case has its own particularities, so it is worth checking the current rules with USCIS and, when possible, reviewing your situation with a trusted professional before making any decisions about working during the waiting period.

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.