Form I-765, Application for Employment Authorization

Employment Authorization Approval for the Spouse of an EB‑2 NIW Pediatric Dentist

Applicant Profile

Case Type
Form I-765, Application for Employment Authorization
Applicant
Derivative Spouse
Underlying Immigration Path
EB-2 National Interest Waiver
Principal Applicant
Pediatric Dentist, Professor, and Associate Dean for Oral Health Education
Principal Applicant's Field
Pediatric Dentistry, Dental Genetics, and Medical Education
Related Application
Form I-485, Adjustment of Status
Eligibility Category
(c)(9) Adjustment of Status Applicant
Approval Type
Employment Authorization Document (EAD) Approval
Redacted USCIS Form I-765 employment authorization approval notice for the spouse of an EB-2 NIW pediatric dentistClick to view
Approval notice. Personal details have been redacted.
Following his spouse’s EB-2 NIW approval, we secured Form I-765 employment authorization for our client as a derivative spouse while his adjustment of status application remained pending.

Approval Story

Our client pursued permanent residence as the spouse of an EB-2 National Interest Waiver principal applicant. His wife, a pediatric dentist, professor, and academic leader, had previously obtained approval of her EB-2 NIW Form I-140 petition based on her work in pediatric dentistry, dental genetics, inherited enamel disorders, and medical education.

After the approved immigrant petition allowed the family to move into the adjustment of status stage, our client filed Form I-485 as a derivative spouse. While his permanent residence application remained pending, our firm also filed Form I-765 under the (c)(9) adjustment of status category to obtain interim employment authorization.

USCIS approved the Form I-765 application and granted our client employment authorization while his adjustment of status case continued. The EAD approval provided an additional immigration benefit during the family’s progression from an approved EB-2 NIW petition toward lawful permanent residence.

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