Our client pursued permanent residence as the spouse of an EB-2 National Interest Waiver principal applicant. His wife, a pediatric allergy and immunology specialist and clinician-scientist, had previously obtained approval of her EB-2 NIW I-140 petition based on her work in transplantation immunology, immune tolerance, and research aimed at reducing organ rejection.
After the family entered the adjustment of status stage, our client filed Form I-485 as a derivative spouse. While his adjustment application remained pending, our firm also prepared and filed Form I-765 under the (c)(9) category to obtain employment authorization during the permanent residence process.
USCIS approved the Form I-765 application and granted our client employment authorization. The EAD approval provided an important interim benefit while his derivative adjustment of status application continued through the EB-2 NIW-based permanent residence process.