Work visa after I-130

[Can78324 0]

I (US citizen) have filed I-130 for my huband and kids (Canadian Citizens) to move to the US. All of us currently live in Canada.

 

While the I-130 is in process, can my husband apply for a work visa through TN visa or should I file I-765 Employment Authorization Document (EAD)?

[powerpuff 6,697]

6 minutes ago, Can78324 said:

can my husband apply for a work visa through TN visa

He can 

6 minutes ago, Can78324 said:

should I file I-765 Employment Authorization Document (EAD)

You do not have a basis for that 

[Can78324 0]

3 minutes ago, powerpuff said:

You do not have a basis for that 

Not sure what you mean by this. Can you please explain? thanks!

[powerpuff 6,697]

Just now, Can78324 said:

Not sure what you mean by this. Can you please explain? thanks!

EAD can only be filed in certain circumstances and when you’re in the US. You can see the categories below, pending I-130 for a spouse of a U.S. citizen living abroad is not one of them 

https://www.jacksonwhitelaw.com/immigration-law/who-may-file-form-i-765/

[SteveInBostonI130 3,434]

5 minutes ago, Can78324 said:

Not sure what you mean by this. Can you please explain? thanks!

 

Your husband has no right to work when he is in the US as a Canadian visitor.  Therefore, no basis for requesting work authorization - he did not enter on a work-permissible visa.

 

The TN visa does allow him to enter and work in the US.

 

CR1/IR1 visa, once he gets it, makes him a LPR when he enters with it, making the EAD redundant.

[Can78324 0]

Thank you and God bless 🙏