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Category - Employment Authorization

Articles

Employment Authorization Category Codes
How To Find Out What your employment authorization category code is USCIS EAD Category Code  EAD Category Eligibility Description 180 Days Automatic Extension Eligibility A02 A lawful temporary resident pursuant to sections 245A or 210 of the INA No A03 Refugee Yes A04 Paroled as refugee No A05 Asylee (granted asylum) Yes A06 K1 non-immigrant fiancé(e) of US CitizenK2 child of K1 No A07 N-8 Parent of international organization employee granted permanent residenceN-9 Dependent Child of international organization employee granted permanent residence Yes A08 Citizen of Micronesia, the Marshall Islands or Palau admitted as a nonimmigrant Yes A09 K-3 nonimmigrant spouse of USCK-4 child of K-3 No A10 Granted Withholding of Deportation or Removal Yes A11 Deferred Enforced Departure (DED)   A12 Temporary Protected Status (TPS) granted under 8 CFR 244.12 Yes A13 IMMACT Family Unity beneficiary(Section 301 of the Immigration Act of 1990) No A14 LIFE Act Family Unity beneficiary(Section 1504 of the Legal Immigrant Family Equity (LIFE) Act Amendments) No A15 V-1 Spouse of Lawful Permanent ResidentV-2 Minor unmarried child of Lawful Permanent ResidentV-3 Minor unmarried child of V-1 or V-2 No A16 T-1 nonimmigrant (victims of severe forms of trafficking) No A17 Spouse of E-1/E-2 Treaty Trader/InvestorSpouse of E-3 specialty occupation professional from Australia Yes*(*timely filing before I-94 expiry ) A18 L2 spouse of an L1 visa intracompany transfer Yes*(*timely filing before I-94 expiry ) A19 U1 nonimmigrant (victims of certain criminal activity) No A20 U-2 spouse of U-1 aliensU-3 children of U-1 aliensU-4 parents of minor U-1 aliens (16 or under)U-5 unmarried sibling under age 18 of U-1 alien under age 21 No C01 Dependent of A-1 or A-2 foreign government official No C02 Dependent of TECRO (Taipei Economic and Cultural Representative Office) E-1 Non-immigrant No C03A Pre-completion OPT F1 visa students No C03B Post-completion OPT F1 visa students No C03C 24-month extension for Science, Technology, Engineering, or Mathematics (STEM) OPT students No C03(ii) F-1 student offered off-campus employment under the Sponsorship of Qualifying International Organization No C03(iii) F-1 student seeking off-campus employment due to severe economic hardship No C04 Spouse or unmarried dependent child of G-1, G-3 or G-4 nonimmigrant (Representative of International Organization and their dependents) No C05 J-2 spouse or minor child of a J-1 exchange visitor No C06 M-1 student seeking practical training after completing studies No C07 Dependent of NATO-1 through NATO-7 nonimmigrant No C08 Asylum applicant (w/ pending asylum application) who filed for asylum on or after January 4, 1995 Yes C09 Adjustment of status applicant Yes C10 Suspension of deportation applicants (filed before April 1, 1997)Cancellation of Removal applicantsCancellation applicants under NACARA Yes C11 An alien paroled into the United States in the public interest or temporarily for emergency reasons No C12 Spouse of an E-2 Commonwealth of the Northern Mariana Islands (CNMI) investor; eligible for employment in the CNMI only No C14 Alien granted deferred action No C16 Registry applicant based on continuous residence since January 1, 1972 Yes C17(i) B1 nonimmigrant who is the personal or domestic servant of a nonimmigrant employer No C17(ii) B1 nonimmigrant domestic servant of a U.S. citizen No C17(iii) B1 nonimmigrant employed by foreign airline No C18 Alien with a final order of deportation/order of supervision; No C19 Temporary Protected Status applicant under 8 CFR 244.5 Yes C20 Alien who has filed a completed legalization application for special agricultural workers Yes C21  S visa non-immigrant No C22 Alien who has filed a completed legalization application under INA 245A Yes C23 Irish peace process (Q-2)   C24 LIFE legalization applicant Yes C25 T-2 spouse of T-1, victim of traffickingT-3 child of T-1T-4 parent of T-1 (if T-1 is under age 21) No C26  Certain H4 Visa spouses of H1B holders, qualify for it. Check Apply H4 EAD Guide  Yes*(*timely filing before I-94 expiry ) C27 Abused spouse of an A nonimmigrant No C28 Abused spouse of an E-3 nonimmigrant No C29 Abused spouse of a G nonimmigrant No C30 Abused spouse of an H nonimmigrant No C31 The principal beneficiary of an approved VAWA self-petitionQualified child of a beneficiary of an approved VAWA self-petition Yes C33 An alien who has been granted Deferred Action for Childhood Arrivals (DACA) No C35 The principal beneficiary of an approved employment-based immigrant petition facing compelling circumstances No C36 Spouse or unmarried child of a principal beneficiary of an approved employment-based immigrant petition facing compelling circumstances No
EMPLOYMENT WITHOUT AUTHORIZATION
(c) Alien crewmen, aliens continuing or accepting unauthorized employment, and aliens admitted in transit without visa Other than an alien having an approved petition for classification as a VAWA self-petitioner, subsection (a) shall not be applicable to (1) an alien crewman; (2) subject to subsection (k), an alien (other than an immediate relative as defined in section 1151(b) of this title or a special immigrant described in section 1101(a)(27)(H), (I), (J), or (K) of this title) who hereafter continues in or accepts unauthorized employment prior to filing an application for adjustment of status or who is in unlawful immigration status on the date of filing the application for adjustment of status or who has failed (other than through no fault of his own or for technical reasons) to maintain continuously a lawful status since entry into the United States; (3) any alien admitted in transit without visa under section 1182(d)(4)(C) of this title; (4) an alien (other than an immediate relative as defined in section 1151(b) of this title) who was admitted as a nonimmigrant visitor without a visa under section 1182(l) of this title or section 1187 of this title; (5) an alien who was admitted as a nonimmigrant described in section 1101(a)(15)(S) of this title, (6) an alien who is deportable under section 1227(a)(4)(B) of this title; (7) any alien who seeks adjustment of status to that of an immigrant under section 1153(b) of this title and is not in a lawful nonimmigrant status; or (8) any alien who was employed while the alien was an unauthorized alien, as defined in section 1324a(h)(3) of this title, or who has otherwise violated the terms of a nonimmigrant visa. – INA 245(c) / Title 8-ALIENS AND NATIONALITY CHAPTER 12-IMMIGRATION AND NATIONALITY SUBCHAPTER II (Link to Full) These bars apply not only to unauthorized employment since an applicant’s most recent entry but also to unauthorized employment during any previous periods of stay in the United States. Employment-based applicants also may be eligible for exemption from this bar under INA 245(k). An applicant employed while his or her adjustment application is pending final adjudication must maintain USCIS employment authorization and comply with the terms and conditions of that authorization. The filing of an adjustment application itself does not authorize employment. OTHER LINKS https://web.archive.org/web/20160607145933/https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume7-PartB-Chapter6.html USCIS POLICY MANUAL Volume 7 Chapter 6 – Unauthorized Employment https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1255&num=0&edition=prelim My Attorney USA
IMMIGRANTS ELIGIBLE FOR EMPLOYMENT AUTHORIZATION
§ 274a.12 Classes of aliens authorized to accept employment. (a) Aliens authorized employment incident to status. Pursuant to the statutory or regulatory reference cited, the following classes of aliens are authorized to be employed in the United States without restrictions as to location or type of employment as a condition of their admission or subsequent change to one of the indicated classes. Any alien who is within a class of aliens described in paragraphs (a)(3), (a)(4), (a)(6) – (a)(8), (a)(10) – (a)(15), or (a)(20) of this section, and who seeks to be employed in the United States, must apply to U.S. Citizenship and Immigration Services (USCIS) for a document evidencing such employment authorization. USCIS may, in its discretion, determine the validity period assigned to any document issued evidencing an alien’s authorization to work in the United States. (1) An alien who is a lawful permanent resident (with or without conditions pursuant to section 216 of the Act), as evidenced by Form I-551 issued by the Service. An expiration date on the Form I-551 reflects only that the card must be renewed, not that the bearer’s work authorization has expired; (2) An alien admitted to the United States as a lawful temporary resident pursuant to sections 245A or 210 of the Act, as evidenced by an employment authorization document issued by the Service; (3) An alien admitted to the United States as a refugee pursuant to section 207 of the Act for the period of time in that status, as evidenced by an employment authorization document issued by the Service; (4) An alien paroled into the United States as a refugee for the period of time in that status, as evidenced by an employment authorization document issued by the Service; (5) An alien granted asylum under section 208 of the Act for the period of time in that status, as evidenced by an employment authorization document, issued by USCIS to the alien. An expiration date on the employment authorization document issued by USCIS reflects only that the document must be renewed, and not that the bearer’s work authorization has expired. Evidence of employment authorization shall be granted in increments not exceeding 5 years for the period of time the alien remains in that status. (6) An alien admitted to the United States as a nonimmigrant fiancé or fiancée pursuant to section 101(a)(15)(K)(i) of the Act, or an alien admitted as a child of such alien, for the period of admission in that status, as evidenced by an employment authorization document issued by the Service; (7) An alien admitted as a parent (N-8) or dependent child (N-9) of an alien granted permanent residence under section 101(a)(27)(I) of the Act, as evidenced by an employment authorization document issued by the Service; (8) An alien admitted to the United States as a nonimmigrant pursuant to the Compact of Free Association between the United States and of the Federated States of Micronesia, the Republic of the Marshall Islands, or the Republic of Palau; (9) Any alien admitted as a nonimmigrant spouse pursuant to section 101(a)(15)(K)(ii) of the Act, or an alien admitted as a child of such alien, for the period of admission in that status, as evidenced by an employment authorization document, with an expiration date issued by the Service; (10) An alien granted withholding of deportation or removal for the period of time in that status, as evidenced by an employment authorization document issued by the Service; (11) An alien whose enforced departure from the United States has been deferred in accordance with a directive from the President of the United States to the Secretary. Employment is authorized for the period of time and under the conditions established by the Secretary pursuant to the Presidential directive; (12) An alien granted Temporary Protected Status under section 244 of the Act for the period of time in that status, as evidenced by an employment authorization document issued by the Service; (13) An alien granted voluntary departure by the Attorney General under the Family Unity Program established by section 301 of the Immigration Act of 1990, as evidenced by an employment authorization document issued by the Service; (14) An alien granted Family Unity benefits under section 1504 of the Legal Immigrant Family Equity (LIFE) Act Amendments, Public Law 106-554, and the provisions of 8 CFR part 245a, Subpart C of this chapter, as evidenced by an employment authorization document issued by the Service; (15) Any alien in V nonimmigrant status as defined in section 101(a)(15)(V) of the Act and 8 CFR 214.15. (16) Any alien in T-1 nonimmigrant status, pursuant to 8 CFR 214.11, for the period in that status, as evidenced by an employment authorization document issued by USCIS to the alien. (17)-(18) [Reserved] (19) Any alien in U-1 nonimmigrant status, pursuant to 8 CFR 214.14, for the period of time in that status, as evidenced by an employment authorization document issued by USCIS to the alien. (20) Any alien in U-2, U-3, U-4, or U-5 nonimmigrant status, pursuant to 8 CFR 214.14, for the period of time in that status, as evidenced by an employment authorization document issued by USCIS to the alien. (b) Aliens authorized for employment with a specific employer incident to status or parole. The following classes of aliens are authorized to be employed in the United States by the specific employer and subject to any restrictions described in the section(s) of this chapter indicated as a condition of their parole or of their admission in, or subsequent change to, the designated nonimmigrant classification. An alien in one of these classes is not issued an employment authorization document by DHS: (1) A foreign government official (A-1 or A-2), pursuant to § 214.2(a) of this chapter. An alien in this status may be employed only by the foreign government entity; (2) An employee of a foreign government official (A-3), pursuant to § 214.2(a) of this chapter. An alien in this status may be employed only by the foreign government official; (3)
Online Filing Form I-765, Employment Authorization
Only certain eligibility categories can be filed online. USCIS may be expanding the list of eligibility categories in the future but right now you can only file online for: -(a)(12) – Temporary Protected Status granted; -(c)(3)(A) – F-1 student, pre-completion Optional Practical Training (OPT); -(c)(3)(B) – F-1 student, post-completion OPT; -(c)(3)(C) – F-1 student, 24-month extension of OPT for science, technology, engineering and mathematics (STEM) students; -(c)(8) – Asylum application pending for a minimum of 150 days; -(c)(8) – Application for Employment Authorization Based on Pending Form I-589, Application for Asylum or for Withholding of Removal; -(c)(11) – Paroled for urgent humanitarian or significant public benefit purposes; -(c)(19) – Certain pending TPS applicants whom USCIS has determined are prima facie eligible for TPS and who may then receive an EAD as a “temporary treatment benefit” under 8 C.F.R. 244.10(a); or -(c)(33) – Consideration of Deferred Action for Childhood Arrivals (DACA) (You must have a pending or approved Form I-821D in order to file Form I-765). Check the USCIS website to see if this list has been updated. Check what your eligibility category is here.