Receiving approval for your National Interest Waiver (NIW) petition, also known as Form I-140, is an important milestone on the path to permanent residency in the United States. However, many applicants mistakenly assume that this approval grants immediate work authorization. It does not.
NIW Approval vs. Work Authorization
Approval of your NIW petition confirms that you meet the eligibility requirements for a green card based on your proposed work being in the national interest of the United States. But this approval alone does not allow you to work legally in the U.S.
How to Obtain Work Authorization
In order to work, you must either hold a valid nonimmigrant work visa (such as an H-1B, O-1, or E-2) or file Form I-485, Adjustment of Status. You can only file Form I-485 if your priority date is current according to the U.S. Department of State’s Visa Bulletin. When you file Form I-485, you can also file a separate application for a work permit (Form I-765), which is also known as an Employment Authorization Document (EAD).
The Importance of Maintaining Legal Status
Until you receive your work permit or already have a valid nonimmigrant work visa, you must maintain your legal status in the U.S. You are not permitted to begin employment based solely on an approved I-140. Working without authorization is a serious violation of U.S. immigration law and can jeopardize your path to a green card.
Plan Your Next Steps Strategically
Understanding the distinction between green card eligibility and actual work authorization is critical. If your NIW has been approved and you’re unsure about when or how to transition to legal employment, it’s important to review your options carefully. To ensure you remain in compliance with all immigration laws, schedule a consultation with us to discuss the next steps in your journey.
