Can the spouse have provisional work authorization during the adjustment of status?

Adjustment of status is a process through which many immigrants seek permanent residence in the United States, and it is natural to have questions about the rights and benefits that accompany this procedure.

In the case of the EB-3 visa, it is common to be concerned about the possibility of the spouse obtaining permission to work while the process is underway. Generally, if the principal EB-3 visa applicant is adjusting their status and includes their spouse as a derivative beneficiary, the spouse may request, along with their adjustment of status, a Provisional Work Authorization (EAD – Employment Authorization Document) and travel authorization (advance parole).

This means that once the necessary petitions are properly submitted and received by USCIS, the spouse can request authorization to lawfully work in the country while awaiting the completion of the process. It is important to remember that the spouse must meet all specific requirements imposed by immigration law, and the receipt of the EAD will depend on the review and approval of the request by the competent authorities.

It is worth highlighting that each case may have particular situations and requires special attention to the details of the process. Strictly following immigration laws and relying on information from trustworthy sources is essential to avoid problems and unpleasant surprises during the procedure. It is advisable to stay alert to updated information released by USCIS and, if necessary, seek guidance from immigration specialists, always taking care not to fall for easy promises or marketing campaigns that guarantee unlikely results.

In summary, the spouse can indeed apply for provisional work authorization during the adjustment of status in the context of an EB-3 visa, provided that the process is conducted correctly and all legal requirements are met. Staying well informed and proceeding cautiously is always the best way to ensure compliance with United States immigration laws.

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.