Do I understand correctly that work authorization under EB-1 is only possible after the case is approved? In other words, is an EAD issued only in the period between petition approval and the green card arriving? Or is there any way to get work authorization earlier?
For EB-1 you can file the I-485 concurrently with the petition — they issue an EAD while the I-140 is still pending, so you don’t need to wait for approval. For NIW it’s fundamentally different: first you need I-140 approval, then you check the visa bulletin, and only if there’s no queue (i.e., your priority date is current) do you file I-485 and get an EAD for it. I’m on NIW myself — I can’t file I-485 right now because of the queue, so I’m waiting for my priority date to become current.
6 Likes