Does the EB-3 replace the work authorization (EAD)?

The EB-3 visa is one of the employment-based immigration categories and, once approved, allows the beneficiary to live and work permanently in the United States. However, during the process of obtaining this visa or while awaiting adjustment of status, there may be questions about the need for work authorization, or an EAD.

It is important to understand that the EB-3, by itself, is not an immediate work authorization like the EAD. In many cases, beneficiaries who are in the adjustment of status process can apply for an EAD to have permission to work legally while the process is underway. Thus, the EAD functions as a transitional document that ensures the ability to work in the U.S. until the visa is definitively granted.

Furthermore, each case may have particularities, especially if the beneficiary is outside the United States and undergoing consular processing, or if already in the country awaiting approval of the adjustment of status. For these reasons, it is essential to follow all current immigration laws and seek guidance from reliable sources to clarify specific doubts. Avoiding falling for miraculous promises of quick results or offers of uncertified services can help prevent compromising the progress of the process.

In summary, while the EB-3 visa is the pathway to permanent employment-based residence, it does not eliminate the need for an EAD for work during the transitional period, when it is necessary. Staying informed and acting according to United States immigration regulations is essential to ensure a safe and proper process.

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.