A pending I-130 does not, by itself, generally create eligibility for an employment authorization document or permission to work. The petition asks USCIS to recognize a qualifying family relationship. Work authorization requires a separate legal basis, such as a qualifying pending adjustment application or another category. [1]
Check whether adjustment is available
Someone eligible to file I-485 may be able to request an EAD under category(c)(9). The adjustment application has its own requirements, including an available immigrant visa and applicable admission, status, and admissibility rules. Marriage or another family relationship does not cure every eligibility problem. [1][2]
Immediate relatives of citizens and relatives in preference categories can have different visa-availability situations. Consult the applicable current filing rules rather than assuming every approved or pending I-130 permits immediate I-485 filing.
If the case will proceed through consular processing, the I-130’s pendency does not automatically provide a right to live or work in the United States while waiting.
Other work categories remain separate
A person may already have employer-specific authorization or qualify for a different EAD category. Its conditions and expiration continue to matter. Do not select(c)(9) simply because it is familiar if there is no qualifying adjustment basis. [1]
An initial I-765 receipt is not ordinarily permission to begin work. Nor does a Social Security number independently authorize employment. The employer must verify a valid basis through the applicable I-9 rules.
Example: petition filed before a visa is available
A permanent resident files for a spouse in a preference category, but adjustment filing is not yet available under the applicable rules. Sending I-765 alone does not create the missing eligibility. The couple should assess lawful status, timing, and any independent authorization rather than using a work-permit form as a shortcut.
A different applicant with a properly pending qualifying I-485 can have a different result even if the I-130 remains undecided. The pending adjustment, not the mere existence of the relationship petition, is the key distinction.
Keep the filings straight
Preserve separate receipts and decisions for I-130, I-485, and I-765. Review the actual notice and category when a card arrives. An I-130 approval is not a green card and does not establish that all remaining steps are complete.
Seek individualized advice where there is unlawful entry, unauthorized work, removal history, or another complicated issue before relying on concurrent filing or beginning a job.
For an eligible package, review concurrent filing. The resulting EAD request uses the appropriate adjustment category.
Primary sources
- 8 CFR 274a.12 (2025 annual edition)
- 8 U.S.C. § 1255: Adjustment of status of nonimmigrant to that of person admitted for permanent residence
Sources checked: October 31, 2026.