Does the EB-3 spouse receive immediate work authorization?

Let’s start by briefly contextualizing the path of the EB-3 visa and the role of dependents in this process. The EB-3 is a visa category that allows skilled workers, professionals, and other workers without extraordinary ability to immigrate to the United States. In this context, it is common for spouses and children to be included in the application as dependents.

In the case of the spouse, he or she is considered a derivative beneficiary of the EB-3 visa. However, the spouse does not automatically receive an Employment Authorization Document (EAD) immediately upon being included in the petition.

Only after the adjustment of status process has been initiated and the work authorization request has been properly reviewed and approved by USCIS will the spouse have the legal right to work in the United States. For example, if the spouse opts to adjust status (if already in the U.S.) through Form I-485, he or she may apply for the EAD along with the petition.

Until this authorization is granted, the person is not authorized to engage in remunerated activities. The time for EAD issuance may vary according to USCIS workload and other case specifics.

It is always important to emphasize the need to strictly follow U.S. immigration laws and to seek information through official channels. In case of doubts, although it’s useful to know the basics, it is wise to consult specialized advisors or immigration attorneys to avoid misunderstandings and falling for scams or promises of misleading results.

Remember that each situation has its particularities, and updated information is fundamental for a safe and regular process. This way, you will be better prepared to follow the necessary steps without surprises along the way.

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.