How to Position Yourself for Potential I-140 EAD I-140 EAD

As you may know, it may be only a matter of time before approved I-140 petitions are eligible for an EAD. In early November, a Department of Homeland Security memo was leaked, revealing possible plans to issueEADs to I-140 holders. A few weeks later, the Department of Homeland Security submitted a proposal titled “Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting Highly-Skilled H-1B Alien Workers” to the Office of Management and Budget for preliminary review. 

Although we will not know the specifics of the proposed rule until it is published, the rule summarizes that it will provide “needed stability and flexibility to certain employment-based immigrants while they wait to become lawful permanent residents. These amendments would support U.S. employers by better enabling them to hire and retain highly skilled and other foreign workers.” 

The rule summary indicates that it is quite possible that an I-140 EAD may exist in the near future. 

To prepare for a potential I-140 EAD, we suggest the following:

1. If you have not already filed for a permanent labor application, begin conducting the necessary steps to apply for one. This includes obtaining a copy of your Birth Certificate, which often creates problems for many of our clients. We recommendthat you get the birth certificate right now from the appropriate authorities.

2. If you are unable to get the same please follow the directions given to you at this link.

3. If you have filed for a permanent labor application or I-140, do not switch jobs unless you absolutely must. This is toensure that you will not have to restart the green card process and will be able to take advantage of the I-140 EAD if it comes to fruition.


Reddy & Neumann, P.C. is an immigration law firm in Houston, Texas. For over 15 years, our firm has successfully represented corporate clients across the United States in their efforts to bring foreign workers and business professionals to the United States. Reddy & Neumann, P.C. is highly experienced in working with employment-based visas, adjustment of status, green cards, and PERM labor certification. From filing, through approval, and on to appeal, we do everything possible to ensure that your company can bring the best and brightest in the world to the United States.