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ARTICLE

14 January 2005

Nonimmigrant Classifications and Work Authorisation

The following, obtained from the USCIS' Office of Business Liaison, is not intended to be legal advice pertaining to your situation and should not be construed as such. The information provided is intended merely as a general overview with regard to the subject matter covered. 

An EAD (Employment Authorization Document) card serves as proof to employers that an alien is authorised to work in the US.  The US Citizenship and Immigration Service has recently started issuing new cards with additional security features to prevent counterfeiting and fraud, including a magnetic strip and a two-dimensional barcode.  An EAD is normally valid for up to one year, although there are some cases in which a longer validity period is authorised.

EMPLOYMENT ELIGILIBILITY TERMS:  
  • Eligible for Employment Authorization Document incident to statusEmployment of the alien is authorized without restriction as to location or type of employment as a condition of the alien’s specific immigration status. The alien must submit Form I-765 to the US Citizenship and Immigration Service to obtain an EAD card evidencing employment authorization.
  • Employer SpecificThe alien may only be employed by the specific employer and subject to the restrictions indicated as a condition of his or her admission or immigration status by the USCIS. The alien is not issued a separate EAD by the USCIS.
  • Must apply for employment authorization Alien must submit Form I-765 to the USCIS for adjudication. If approved, the USCIS will issue an EAD valid for a specific period.
  • Not eligible for employment by a United States employer. 

 

CLASS

CLASSIFICATION DESCRIPTION

EMPLOYMENT ELIGIBILITY

A-1

Ambassador, public minister, career, diplomatic or consular officer, and immediate family.

Employer-specific; Certain dependents from countries with special bilateral agreements are eligible for EAD incident to status; other dependents must apply for employment authorization.

A-2

Other foreign government official or employee and immediate family.

Employer-specific; Certain dependents from countries with special bilateral agreements are eligible for EAD incident to status; other dependents must apply for employment authorization.

A-3

Personal employee of A-1, A-2, and immediate family.

Employer-specific; Dependents are not eligible for employment.

B-1

Temporary Visitor for Business

Not eligible for employment, except servants of holders of B, E, F, H, I, J, L, NAFTA visas or a U. S. citizen residing in a foreign country and certain employees of airlines not eligible for E-1 status. Such servants must apply for employment authorization.

B-2

Temporary Visitor for Pleasure

Not eligible for employment

C-1

Alien in transit directly through U.S.

Not eligible for employment

C-2

Alien in transit to United Nations Headquarters.

Employer-specific

C-3

Foreign government official, immediate family, or personal employee in transit.

Employer-specific

C-4

Transit without visa (see also TWOV)

Not eligible for employment

D-1

Crewmember

Employer-specific

D-2

Crewmember departing by means other than arriving vessel.

Employer-specific

E-1

Treaty Trader and employees, spouse, and children.

Employer-specific; Spouses in same classification are eligible for EAD incident to status; children are not eligible for employment, except unmarried dependent children of E-1 employees of the Coordination Council for North American Affairs who may apply for employment authorization.

E-2

Treaty Investor and employees, spouse, and children.

Employer-specific; Spouses in same classification are eligible for EAD incident to status; children are not eligible for employment.

F-1

Academic Student (except Border Commuters from Canada or Mexico, see below)

Eligible for on campus employment and curricular practical training incident to status (no separate EAD necessary). Must apply for employment authorization for optional practical training or to work off-campus.

F-1/F-3

Border Commuter Academic Students from Canada and Mexico

Must apply for employment authorization for curricular practical training or post-completion optional practical training.

F-2

Spouse or child of F-1

Not eligible for employment.

G-1

Principal resident representative of recognized foreign member government to international organization, staff, and immediate family.

Employer-specific; Certain dependents from countries with special bilateral agreements must apply for employment authorization.

G-2

Other representative of recognized foreign member government to international organization, and immediate family.

Employer-specific; Dependents are not eligible for employment.

G-3

Representative of non-recognized or non-member government to international organization, and immediate family.

Employer-specific; Certain dependents from countries with special bilateral agreements must apply for employment authorization.

G-4

International organization officer or employee, and immediate family.

Employer-specific; Dependents must apply for employment authorization.

G-5

Attendant, servant, or personal employee of G-1, G-2, G-3, G-4, and immediate family.

Employer-specific; Dependents are not eligible for employment.

H-1b

Alien in Specialty Occupation (profession)

Employer-specific

H-1c

Registered Nurse serving in underserved area

Employer-specific

H-2a

Temporary worker performing Agricultural Services unavailable in the United States (Petition filed on or after 06/01/87).

Employer-specific

H-2b

Temporary worker performing other services unavailable in the United States (petition filed on or after 06/01/87).

Employer-specific

H-3

Trainee

Employer-specific

H-4

Spouse or child of H-1, H-2, or H-3

Not eligible for employment

I

Information Media Representatives and immediate family.

Employer-specific; dependents are not eligible for employment.

J-1

Exchange Visitor

Employer-specific

J-2

Spouse or child of J-1

Must apply for employment authorization.

K-1

Fiancé (e)

Eligible for EAD incident to status

K-2

Minor child of K-1

Eligible for EAD incident to status

K-3

Spouse of US citizen

Eligible for EAD incident to status

K-4

Child of K-3

Eligible for EAD incident to status

L-1A

Intracompany Transferee (manager or executive)

Employer-specific

L-1B

Intracompany Transferee (specialized knowledge alien)

Employer-specific

L-2

Spouse or child of L-1

Spouses of L-1s are eligible for EAD incident to status; children are not eligible for employment.

M-1

Non-academic student (except Border Commuters from Canada or Mexico, see below)

Must apply for employment authorization for post-completion optional practical training.

M-1/M-3

Border Commuter Non-Academic Students from Canada and Mexico

Must apply for employment authorization for post-completion optional practical training.

M-2

Spouse or child of M-1

Not eligible for employment.

N-8

Parent of an SK-3 Special Immigrant

Eligible for EAD incident to status

N-9

Child of N-8, SK-1, SK-2 or SK-4 Special Immigrant

Eligible for EAD incident to status

NATO-1

Principal Permanent Representative of Member State to NATO, official staff, and immediate family.

Employer-specific; Certain dependents from countries with special bilateral agreements must apply for employment authorization.

NATO-2

Other Representative of Member State to NATO and immediate family; Dependents of Member of a Force Entering in Accordance with the Provisions of the NATO Status-of-Forces Agreement or in Accordance with the provisions of the Protocol on the Status of International Military Headquarters; Members of such a Force if issued visas and immediate family.

Employer-specific; Certain dependents from countries with special bilateral agreements must apply for employment authorization.

NATO-3

Official clerical staff accompanying representative of member state to NATO and immediate family.

Employer-specific; Certain dependents from countries with special bilateral agreements must apply for employment authorization.

NATO-4

NATO official other than those qualified as NATO-1 and immediate family.

Employer-specific; Certain dependents from countries with special bilateral agreements must apply for employment authorization.

NATO-5

NATO expert other than those qualified as NATO-4 employed in NATO missions and immediate family.

Employer-specific; Certain dependents from countries with special bilateral agreements must apply for employment authorization.

NATO-6

Member of civilian component accompanying a force entering in accordance with NATO Status-of-Forces Agreement or attached to Allied Headquarters under “Protocol on the Status of International Military Headquarters” set up pursuant to the North Atlantic Treaty and immediate family.

Employer-specific; Certain dependents from countries with special bilateral agreements must apply for employment authorization.

NATO-7

Personal employee of NATO-1, NATO-2, NATO-3, NATO-4, NATO-5, and NATO-6, and immediate family.

Employer-specific; Certain dependents from countries with special bilateral agreements must apply for employment authorization.

O-1

Alien with Extraordinary Ability in sciences, arts, education, business, or athletics

Employer-specific

O-2

Aliens accompanying/assisting O-1 performers or athletes.

Employer-specific

O-3

Spouse or child of O-1 or O-2

Not eligible for employment under this category

P-1

Individual or Team Athletes, and Group Entertainers.

Employer-specific

P-2

Individual/Group Artist/ Entertainer under Reciprocal Exchange Program.

Employer-specific

P-3

Artist or Entertainer in Culturally Unique Program.

Employer-specific

P-4

Spouse or child of P-1, P-2, or P-3

Not eligible for employment under this category

Q-1

International Cultural Exchange Visitor

Employer-specific

Q-2

Irish Peace Process Cultural and Training Program (Walsh visas)

Employer-specific

Q-3

Spouse or child of Q-2

Not eligible for employment

R-1

Religious Worker

Employer-specific

R-2

Spouse or child of R-1

Not eligible for employment

S-5

Witness or informant regarding criminal organization.

Must apply for employment authorization.

S-6

Witness or informant regarding terrorism

Must apply for employment authorization.

S-7

Spouse, children, or parent of S-5 or S-6

Must apply for employment authorization.

T-1

Victim of a severe form of trafficking in persons.

Eligible for EAD incident to status

T-2

Spouse of trafficking victim

Must apply for employment authorization.

T-3

Child of trafficking victim

Must apply for employment authorization.

T-4

Parent of trafficking victim under 21

Must apply for employment authorization.

TN-1

Canadian NAFTA Professional

Employer-specific

TN-2

Mexican NAFTA Professional

Employer-specific

TD

Spouse or child of TN-1 or TN-2

Not eligible for employment

TWOV

Transit without a visa (Passenger or crew admitted temporarily) (see also C-4)

Not eligible for employment

U-1

Victim of certain criminal activity

Eligible for EAD incident to status

U-2

Spouse of U-1 victim

Must apply for employment authorization.

U-3

Child of U-1 victim

Must apply for employment authorization.

U-4

Parent of U-1 victim under 21

Must apply for employment authorization.

V-1

Spouse of Lawful Permanent Resident who is the principal beneficiary of a family-based petition.

Eligible for EAD incident to status

V-2

Child of Lawful Permanent Resident who is the principal beneficiary of a family-based petition.

Eligible for EAD incident to status

V-3

Derivative child of a V-1 or V-2

Eligible for EAD incident to status

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