Can Spouse of EB1 Visa Work in US?

The spouse of an EB1 visa holder obtains an E14 immigration status in the US provided they meet the entry requirements.

Per Section 203(d) of the US Immigration and Nationality Act (INA), they are eligible for a derivative immigrant status in the US, meaning they can get the same visa classification and priority date to “accompany or follow to join” the principal EB1 visa applicant (subject to visa availability and US immigration rules). The goal is to ensure eligible family members can immigrate to the US together even if they were not named in the original petition.

Once an EB1 visa applicant gets their Immigrant Petition for Alien Worker (Form I-140) approved, their spouse and unmarried children under 21 automatically qualify for derivative status (E14 and E15, respectively). The derivatives must apply for their own immigrant visas or for an adjustment of status if they are already living in the US on some other visa types, using the principal applicant’s priority date and benefiting from the same approved petition.

Once your Green Card is processed as the spouse of an EB1 visa holder, you will be able to enjoy the same benefits available to all permanent residents in the US, including the right to live and work in the country without any additional permission.

However, if you want to start working for a US employer while you are awaiting your marriage-based green card application (Form I-485) to be processed by USCIS, you will have to obtain a valid work permit, officially known as an Employment Authorization Document (EAD). You must already be living in the US to apply for an EAD.

US employers are required by the law to ensure that all their employees, regardless of their citizenship or country of origin, are legally allowed to work in the US. While US citizens and lawful permanent residents are allowed to work in the US without any additional authorization, you must apply for an EAD to prove your eligibility to work in the country as an EB1 spouse still waiting for their Green Card approval.

An EAD, known as a work permit in colloquial terms, is an official document which allows certain immigrants to work lawfully in the US. This permit is issued by USCIS upon receiving a Form I-765 application as well as certain supporting documents. Note that you will not be able to legally work in the US when your EAD validity expires. Moreover, EADs are only available to immigrants who have filed their Green Card application from within the US.

An EAD is typically valid for one to two years, and can be renewed thereafter. You must apply to renew your EAD six months before the expiry date of your current EAD. If your EAD gets lost, stolen or damaged, or was originally issued with incorrect information (e.g., a misspelled name), you can apply to USCIS for a replacement. Plus, if USCIS takes more than 90 days to approve or deny your EAD application, you can request for an interim EAD.

With a valid EAD, you will usually be eligible to work for any employer in the US. It is also not restricted to any specific trade or profession.

A marriage-based Green Card will allow you to legally work in the country like any other lawful permanent residents in the US. To start with, you must meet the following requirements:

• You have duly filed Form I-485 to apply for a Green Card as a derivative applicant either:
  • Together with the principal applicant’s Form I-485 (and the principal applicant’s Form I-485 is ultimately approved), or
  • At a time while the principal applicant’s Form I-485 is still pending with USCIS (and the principal applicant’s Form I-485 ultimately approved), or
  • After USCIS approves the principal applicant’s Form I-485 (as long as the principal applicant is still a lawful permanent resident in the US and you were their spouse when USCIS approved their Form I-485), or
  • After the principal applicant obtained an immigrant visa and was admitted into the US as a lawful permanent resident (as long as they still have lawful permanent residence and you were their spouse when they were admitted into the US
• You are currently the principal applicant’s spouse
• You have legally entered the US after due inspection, and have been physically present there while filing Form I-485
• An immigrant visa is immediately available to you when you file Form I-485 AND when USCIS makes a final decision on your application
• Not a single applicable bars to adjustment of status apply to your case
• You are admissible to the US for lawful permanent residency (or eligible for a waiver of inadmissibility or such other form of relief)
• Your case merits the favorable exercise of USCIS’ discretion

As an EB1 spouse, you must submit the following required documents/evidence along with your Green Card application:

• Form I-485
• Your marriage certificate or similar evidence to prove your spousal relationship with the principal applicant
• Copy of the Form I-797 for the principal applicant’s Form I-140 and Form I‑485 (or a copy of their Green Card) unless you are filing your Form I-485 together
• Two passport photos
• Copy of your government-issued photo ID
• Copy of your birth certificate
• Copy of your passport page with nonimmigrant visa (if applicable)
• Copy of your passport page with admission stamp issued by a US immigration officer (if applicable)
• Copy of Form I-94, the Arrival/Departure Record, or copy of the Customs and Border Protection (CBP) admission stamp on your travel document (if applicable)
• Proof that you have maintained a lawful status continuously since you arrived in the US
• Form I-693, Report of Immigration Medical Examination and Vaccination Record (if applicable)
• Certified police and court records of criminal charges, arrests, or convictions (if applicable)
• Form I-601, Application for Waiver of Grounds of Inadmissibility (if applicable)
• Any other documents that USCIS might ask for depending on your immigration circumstances

To apply for an EAD, you will need to submit the following required documents/evidence along with your Form I-765:

• A copy of your Form I-94, Arrival/Departure Record (front and back), or a printout of your electronic Form I-94
• Copy of your US visa from your passport or other travel document
• Copy of your passport photo page
• A copy of your last EAD, if applicable
• Copy of a government-issued photo ID, your birth certificate, copy of a visa from your passport issued by the consulate of a country other than the US (if available), and any other national ID with your photo and/or fingerprints if you were not previously issued an EAD
• Two passport photos
• Form G-28 (if you are represented by an attorney or accredited representative)
• Copy of receipt notice (official acknowledgment letter) from USCIS that your marriage-based green card application (Form I-485) is pending

Note that USCIS might ask for additional evidence depending on your immigration situation.

To apply for an initial, replacement, or renewal EAD, you will usually have to pay a fee of $410. However, there are certain scenarios when you might be eligible for a reduced fee or fee exemption. These include:

• A reduced fee if as an EB1 spouse you filed Form I-485 with a fee on or after April 1, 2024 and your Form I-485 is still pending with USCIS
• No fee if you are filing for an initial, replacement, or renewal EAD while you have a pending Form I-485 filed on or after July 30, 2007 and before April 1, 2024, and you paid the Form I-485 filing fee
• No fee if you are filing for replacement EAD because the initial card contains incorrect information due to a USCIS error, or your previous card was issued but you never received it due to a USCIS or USPS error

On paper, USCIS might take up to 90 days to approve or deny an EAD. However, in reality, the timeframe varies depending on several factors, such as:

• Your case category (in this context, a pending I-485 application)
• Current backlogs and general USCIS workload
• Caseload of the service center processing your application
• Completeness and accuracy of information on your Form I-765
• If you are required to submit your biometrics, signature, or further evidence supporting your application
• If it is a first-time application or a renewal/replacement

The USCIS website has a feature where you can check the average case processing time for your type of application for the past six months, selecting your form number (e.g., I-765), form category (e.g., based on a pending I-485 adjustment application) and service center. Currently, the tool shows that for the past six months (i.e., second half of 2025), 80% of cases have been processed within six months and 8.5 months at the National Benefits Center and the Service Center Operations (SCOPS) levels, respectively.

Since Donald Trump entered the Oval Office for his second term on January 20, 2025, the US immigration scene had been witnessing the launch and enforcement of many strict measures in an aim to cut down net migration, and free the country from illegal migrants. Putting his “America First” mantra in force, the incumbent US President has time and again explicitly stated his strategy to favor domestic labor over migrant workers.

Given that, all work authorization applications in the US are now subject to stringent checks more than ever to rule out any immigration abuse. Even if you meet all eligibility requirements, you must pay due diligence while filling up Form I-485 or Form I-765 as well as arranging for supporting documentation.

Speak to Total Law. Our team of specialist US immigration lawyers have the required expertise and empathy to understand your case and assist you, irrespective of how complicated your immigration circumstances might be. To find out more about the bespoke services we provide to the US visa applicants and how we can help you, call us on +1 844 290 6312 today to speak with our immigration advisers.