Q: Am I eligible to work on my husband’s EB2-NIW i140?
Background : I am on STEM OPT currently, having 2 chances of h1b left. My husband is a doctoral student. His phd is expected to confer sometime in 2027. My STEM-OPT will expire by then. Can my husband apply for EB2 NIW (He has some papers published and citations) and if we do premium processing, we’ll get i140 easily and can I apply for EAD on my husband’s eb2 niw i140 and work?
A:
If your husband applies for an EB2-NIW (National Interest Waiver) and it is approved, you may be eligible to apply for an Employment Authorization Document (EAD) as his dependent. The EB2-NIW route is often pursued by individuals with advanced degrees or exceptional ability, and your husband's academic achievements, like published papers and citations, could be significant factors in his application.
However, the timeline is crucial. The processing time for an EB2-NIW petition can vary, and premium processing might expedite the decision on the I-140 petition, but it does not guarantee a quick approval. If your STEM OPT expires before his I-140 is approved, you might face a gap in your employment authorization.
It's important to note that immigration cases can be complex, and outcomes can differ based on individual circumstances. It would be prudent to consult with an immigration attorney to assess your specific situation, explore all available options, and develop a strategy that aligns with your timelines and goals.
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