TN 42 (05-23)

RM 10211.420 Employment Authorization for Non-immigrants

A. Policy for Non-immigrant Employment Authorization

The U.S. Department of Homeland Security (DHS) determines whether a non-immigrant (a noncitizen temporarily in the U.S. for a specific purpose):.

  • may be employed;

  • may be self-employed; or

  • may not be employed.

Some non-immigrants have employment authorization incident to their DHS assigned class of admission (COA) or category while other non-immigrants may have employment authorization with a specific employer incident to their status or parole, see RM 10211.420G.1. in this section.

Some non-immigrants must apply to DHS for employment authorization, see RM 10211.420G.2. in this section.

Some non-immigrants may not be permitted to work and cannot apply for employment authorization, see RM 10211.420G.3. in this section.

It is important to distinguish non-immigrants with employment authorization from non-immigrants without employment authorization and know what document(s) establish employment authorization.

DO NOT process an employment authorized Social Security number (SSN) application for a non-immigrant unless the alien submits the appropriate evidence showing employment authorization.

IMPORTANT: Since a non-immigrant's status can change, in some cases, the most recently issued DHS document supersedes all previously issued DHS documents, for enumeration purposes, see RM 10211.510.

EXAMPLE: An alien with Form I-94, Arrival/Departure Record that has a COA that does not indicate the individual is employment authorized applies to DHS for a change of status and employment authorization. DHS approves the new status and issues the alien a Form, I-766, Employment Authorization Document (EAD). The alien applies for an SSN card and submits both the original I-94 issued when they were last admitted and the new EAD. Neither document is expired. Since the EAD is the more recently issued evidence, the EAD may be relied on as evidence of the alien's current lawful alien status.

See Also:

  • RM 10211.001B - Definition of Non-immigrant

  • RM 10211.600 - SSN Requests From Aliens Who Have no Employment Authorization

B. Evidence Proving a Non-immigrant's Employment Authorization

The following documents are acceptable documents for evidence of employment authorization for a non-immigrant under certain criteria.

For exhibits of these documents, see the Administrative Confidential Memorandum (ACM).

1. Arrival/Departure Record Form I-94

Admission Stamp or visa in an unexpired foreign passport or on Form I-94 (Arrival/Departure Record).

The admission stamp or printed Form I-94 shows one of the following:

  • A COA that, per RM 10211.420G, indicates employment authorization incident to their status or category. This means, based on the COA, the person can work without additional specific DHS authorization.

  • A stamp or annotation that DHS admitted the alien as a refugee, see RM 10211.185.

  • A stamp or annotation that DHS granted the alien asylum, see RM 10211.207.

NOTE: 

When DHS approves a change of status or extension of stay, Form I-94 may also be attached to Form I-797, Notice of Action, showing that the application has been approved.

For additional information on evidence of non-immigrant status, see RM 10211.135.

2. Employment Authorization Document (EAD), Form I-766

The EAD provides evidence of a non-immigrant's authorization to accept temporary employment in the United States.

DHS issues EADs to certain non-immigrants, regardless of age, to whom DHS grants temporary employment authorization. DHS does not issue EADs to the following:

  • Some non-immigrants whose employment authorization is incident to their COA.

  • Immigrants granted lawful permanent residence.

The front of the EAD generally displays the:

  • alien's photograph,

  • alien's fingerprint or “Fingerprint Not Available”,

  • alien's biographic information (e.g., name, date of birth),

  • category that allows the alien to work,

  • employment authorization validity period (the length of employment that is consistent with regulatory limits on the time elements involved and a definite date as to when employment may begin and end),

  • terms and conditions (consistent with regulatory limits on the type of employment authorized), and

  • date and place of issue.

3. Certificate of Eligibility for Non-Immigrant (F-1) Student Status Form I-20

For on-campus employment, the Certificate of Eligibility for Non-immigrant (F-1) Student Status (I-20) form, along with evidence of the student's non-immigrant status, and evidence of on-campus employment are needed to assign an SSN. See RM 10211.245.

For curricular practical training, the Certificate of Eligibility for Non-immigrant (F-1) Student Status (I-20) form, endorsed by the designated school official for employment, along with the student's Form I-94, indicating F-1 non-immigrant status, is evidence of employment authorization. See RM 10211.240.

4. Certificate of Eligibility for Exchange Visitor (J-1) Status Form DS-2019

An exchange visitor will submit one of the following:

  • A Certificate of Eligibility for Exchange Visitor (J-1) Status showing an employment-authorized category of J-1,see RM 10211.345A; or

  • A Certificate of Eligibility for Exchange Visitor (J-1) Status showing a J-1 category of “student,” “student intern” or “international visitor” and a sponsor's letter authorizing employment see RM 10211.345B.

See Also: RM 10211.365 instructions on entering DS-2019 status into SSNAP

5. Order From an Immigration Judge

An order from an immigration judge issued by the Department of Justice, Executive Office for Immigration Review (EOIR) may provide evidence of asylum granted status. See RM 10211.205B.3.

See Also: RM 10210.210 Reviewing Age, Identity, Citizenship and Lawful Alien Status Evidence for an SSN Card

C. Validity Period

The validity period, shown on the face of the document (e.g., EAD or Form I-20), defines the dates the non-immigrant may work in the U.S.

A document showing a future validity period is not acceptable evidence of current employment authorization. Do not process the SSN application until the applicant submits evidence of employment authorization required for the SSN card.

EXCEPTION: I-20 for F-1 students, see RM 10211.245B.

D. Automatic EAD Extension

An automatic EAD extension is the period beyond the "Card Expires" date on the front of the EAD when certain non-immigrants are eligible to remain in the U.S. and may continue to work if they continue to meet certain terms and conditions. An automatic EAD extension may occur under the following conditions:

  • A DHS grant or extension of a Temporary Protected Status (TPS) designation to certain nationals of a particular country for a temporary period; or

  • A Presidential executive order or memorandum granting a Deferred Enforced Departure (DED) from the U.S. to certain nationals of a particular country for a temporary period.

  • An automatic extension pursuant to 8 CFR 274a.13(d). For these types of automatic EAD extensions, DHS issues a Form I-797, Notice of Action, showing receipt of an I-765, Application for Employment Authorization (EAD) renewal application.

Generally, an automatic EAD extension is six months and provides the alien time to re-register with DHS and time for DHS to issue new EAD cards to the eligible aliens. An EAD that has been automatically extended serves as evidence of current employment authorization.

When an alien files for an SSN card 14 days or less from the start of the extended expiration date, separate processing applies, see RM 10211.420F in this section.

IMPORTANT: When a TPS or DED designation or extension does not include an automatic EAD extension, no special SSN application instructions apply.

Technicians should consult the USCIS TPS and DED websites to find the most up to date information regarding EAD extensions.

  • USCIS' TPS web page additional information about TPS

  • USCIS' DED web page additional information about DED

  • USCIS' Automatic EAD Extension web page

E. Non-immigrants With Automatic EAD Extensions

The following table lists the most recent automatic EAD extension information available:

NOTE: If a non-immigrant's automatic EAD extension is in the past or expires within 14 days, follow RM 10211.420F.3. in this section.

Automatic EAD Extension Chart

Non-immigrants Country of Nationality

Non-immigrant's EAD Extension Specifics

Burma (Myanmar)

Automatic EAD extension through November 25, 2023, to TPS Burma non-immigrants whose EADs show:

El Salvador

Automatic EAD extension through June 30, 2024, to TPS El Salvador non-immigrants whose EADs show:

  • Category: A-12 or C-19

  • Expires: March 9, 2018, September 9, 2019, January 2, 2020, January 4, 2021, October 4, 2021, or December 31, 2022

For instructions on processing SSN applications for applicants falling into this category, see RM 10211.420F in this section.

See Also: DHS' November 16, 2022, Federal Register Notice announcing the Continuation of Documentation for Beneficiaries of Temporary Protected Status Designation for El Salvador

Haiti

Automatic EAD extension through June 30, 2024, to TPS Haiti non-immigrants whose EADs show:

  • Category: A-12 or C-19

  • Expires: July 22, 2017, January 22, 2018, July 22, 2019, January 2, 2022, January 4, 2021, or December 31, 2022

For instructions on processing SSN applications for applicants falling into this category, see RM 10211.420F in this section.

See Also: DHS' January 26, 2023, Federal Register Notice announcing the Extension and Redesignation of Haiti for Temporary Protected Status

NOTE: TPS Haiti non-immigrants with an EAD that shows a February 3, 2023 expiration date have been extended through February 3, 2024.

Honduras

Automatic EAD extension through June 30, 2024, to TPS Honduras non-immigrants whose EADs show:

  • Category: A-12 or C-19

  • Expires: January 5, 2018, July 5, 2018, January 5, 2020, January 4, 2021, October 4, 2021, or December 31, 2022

For instructions on processing SSN applications for applicants falling into this category, see RM 10211.420F in this section.

See Also: DHS' November 16, 2022, Federal Register Notice announcing the Continuation of Documentation for Beneficiaries of Temporary Protected Status Designation for Honduras

Liberia

Automatic EAD extension through June 30, 2024, to non-immigrants who were covered by DED Liberia and whose EADs show:

  • Category: A-11

  • Expires: March 30, 2020, January 10, 2021 or June 30, 2022

For instructions on processing SSN applications for applicants falling into this category, see RM 10211.420F in this section.

See Also:DHS' September 6, 2022, Federal Register Notice announcing the Implementation of Employment Authorization for Individuals Covered by Deferred Enforced Departure for Liberians

Nepal

Automatic EAD extension through June 30, 2024, to TPS non-immigrants under the Nepalese designation whose EADs show:

  • Category: A-12 or C-19

  • Expires: June 24, 2018, June 24, 2019, March 24, 2020, January 4, 2021, October 4, 2021, or December 31, 2022

For instructions on processing SSN applications for applicants falling into this category, see RM 10211.420F in this section.

See Also: DHS' November 16, 2022, Federal Register Notice announcing the Continuation of Documentation for Beneficiaries of Temporary Protected Status Designation for Nepal

Nicaragua

Automatic EAD extension through June 30, 2024, to TPS non-immigrants under the Nicaraguan designation whose EADs show:

  • Category: A-12 or C-19

  • Expires: January 5, 2018, January 5, 2019, April 2, 2019, January 2, 2020, January 4, 2021, October 4, 2021, or December 31, 2022

For instructions on processing SSN applications for applicants falling into this category, see RM 10211.420F in this section.

See Also: DHS' November 16, 2022, Federal Register Notice announcing the Continuation of Documentation for Beneficiaries of Temporary Protected Status Designation for Honduras

Somalia

Automatic EAD extension through March 17, 2024 to Somali non-immigrants whose EADs show:

  • Category: A-12 or C-19

  • Expires: September 17, 2021 or March 17, 2023

For instructions on processing SSN applications for applicants falling into this category, see RM 10211.420F in this section.

See Also: DHS' March 13, 2023 Federal Register Notice announcing the Extension and Redesignation of Somalia for Temporary Protected Status.

Sudan Automatic EAD extension through June 30, 2024, to TPS non-immigrants under the designation of Sudan whose EADs show:
  • Category: A-12 or C-19

  • Expires: November 2, 2017, November 2, 2018, April 2, 2019, January 2, 2020, January 4, 2021, October 4, 2021, or December 31, 2022

For instructions on processing SSN applications for applicants falling into this category, see RM 10211.420F in this section.

See Also: DHS' November 16, 2022, Federal Register Notice announcing the Continuation of Documentation for Beneficiaries of Temporary Protected Status Designation for Sudan

Syria

Automatic EAD extension through September 30, 2023, to non-immigrants under the TPS Syria designation whose EADs show:

  • Category: A-12 or C-19

  • Expires: March 31, 2018, September 30, 2019, March 31, 2021, or September 30, 2022

For instructions on processing SSN applications for applicants falling into this category, see RM 10211.420F in this section

See Also:DHS' August 1, 2022, Federal Register Notice announcing the Extension and Redesignation of Syria for Temporary Protected Status

Venezuela

Automatic EAD extension through September 9, 2023, to non-immigrants under the TPS Venezuela designation whose EADs show:

  • Category: A-12 or C-19

  • Expires: September 9, 2022

    See Also: DHS' September 8, 2022, Federal Register Notice announcing the Extension of the Designation of Venezuela for Temporary Protected Status

Yemen

Automatic EAD extension through March 3, 2024, to Yemen non-immigrants whose EADs show:

  • Category: A-12 or C-19

  • Expires: September 3, 2021, or March 3, 2023

For instructions on processing SSN applications for applicants falling into this category, see RM 10211.420F in this section.

See Also: DHS' January 3, 2023, Federal Register Notice announcing the Extension and Redesignation of Yemen for Temporary Protected Status

Additional non-immigrants may, have a TPS designation that does not include an automatic EAD extension. When there is no automatic EAD extension, no special SSN application instructions apply and we do not include them in this table.

The Department of Justice's, Virtual Law Library, TPS webpage lists which countries' nationals have TPS or DED designation and provides links to the Federal Register notices documenting those designations and EAD extensions.

F. Procedure When an SSN Applicant Submits an EAD Based on an Automatic EAD Extension

Follow this procedure only when an SSN applicant matching the criteria in RM 10211.420E in this section submits an EAD as evidence of lawful alien status.

1. The EAD expired or will expire within 14 calendar days

If an applicant submits an expired EAD or an EAD that expires within 14 calendar days from the extended expiration date, do the following:

  • Find the applicant's “Automatic EAD extension through” date shown in RM 10211.420E in this section.

  • Enter the “Automatic EAD extension through” date in the EXPIRES field on SSNAP's Proof of Legal Alien Status screen.

    EXAMPLE: On 12/27/2022, a Honduran national files for a replacement SSN card and submits an EAD showing A-12 and a 12/31/2022 expiration date. Since RM 10211.420E in this section shows that this group of SSN applicants' EADs were automatically extended through 06/30/2024, the employee enters 06/30/2024 for the EAD's EXPIRES date.

  • Verify the alien's status following existing procedures. See RM 10214.100 and RM 10213.095.

2. The EAD expires more than 14 days in the future

If an applicant submits an EAD that expires more than 14 calendar days in the future, no special instructions apply. Follow existing procedures.

3. The EAD expired and the automatic EAD extension validity period has expired or expires within 14 calendar days

If an applicant submits an expired EAD and the automatic EAD extension has expired or will expire within 14 calendar days, follow RM 10213.300 and advise the applicant to return when they receive the new EAD.

G. Policy for Employment Authorization by Class of Admission (COA)

The following policies apply to employment authorization by COA:

1. Aliens Employment-Authorized Without Separate DHS Authorization

The following chart lists, by COA code, non-immigrants authorized to work in the U.S. without separate authorization from DHS. The alien's I-94 showing one of the following COAs has employment authorization unless otherwise noted. Form I-94 will not have the DHS employment authorization stamp and the alien may not have an EAD.

The visa of the principal alien (an alien from whom another alien may derive lawful status under immigration law or regulations) generally shows the basis for the visa, e.g., “treaty trader” or an employer's name, while the visa of a spouse or child may show an annotation that the person is a “dependent of the p.a.” (p.a. means principal alien).

COAs with an asterisk (*) whether principal, spouse, or child will all have the same classification code. Effective November 2021, DHS updated the COAs that, with limited exceptions, the children of E-1, E-2, and E-3 principals may have a COA with an additional Y (e.g. E-1Y, E-2Y, etc). The spouse while having the same classification (E-1, E-2, etc.) status will be followed by a S (E-1S, E-2S, etc).

Documents issued prior to November 2021 and unexpired will still reflect the COA of E-1, E-2, or E-3. There is no need to ask for the applicant to correct their I-94 as it is still correct if SAVE returns a work authorized status of E-1S, E-2S, E-3S, E-1Y, E-2Y, or E-3Y. USCIS will not issue a new I-94 in this situation with the new COA codes.

When all family members have the same COA, ask the SSN applicant if they are the family member who is the principal alien, spouse, or the child of the principal alien.

For COAs displaying a double asterisk (**) (non-immigrant E-1, E-2, and L-2 classifications), the spouse is also authorized to work without specific DHS authorization.

Effective November 2021, USCIS granted E-1, E-2, E-3, L-1, and spouses(L--2) work authorization incident to status. I-94s issued prior to January 30, 2022, may reflect the COAs of E-1, E-2, E-3, or L-2 and those spouses no longer must present a marriage document (do not request the marriage document if the spouse does not have it) to establish work authorization as spouses of E-1, E-2, E-3, and L-1 principles. If the supplied I-94 was issued prior to Janauary 30, 2022, then USCIS will not issue a new I-94 to reflect the new E-1S, E-2S, E-3S, or L-2S COA; however, USCIS created a notice for those spouses already here and who were given an E-1, E-2, E-3, or L-2 COA so that the spouses could use the notice in combination with their I-94 as evidence of employment authorization. USCIS mailed the notice with the new admission code to individuals as of April 1, 2022 (direct the individuals to USCIS if they alleged that they did not receive the notice).

 

Class of Admission

Description

A-1*

Ambassador, public minister, career diplomat, or consular officer (principal).

A-2*

Other foreign government official or employee (principal).

A-3*

Attendant, servant, or personal employee of principal A-1, or A-2 (principal).

CW1

Transitional worker (principal).

NOTE: Valid Only in the Commonwealth of the Northern Mariana Islands (CNMI). See RM 10210.684B.

E-1*

Treaty trader (principal).

E-1, E1S**

Spouse of principal E-1 or E1S.

E-2*

Treaty investor (principal)

E-2, E2S*

Spouse of principal E-2 or E2S.

E2C

Long-term business investor or foreign investor (principal).

NOTE: Valid Only in the CNMI. See RM 10210.676C.

E-3*

Certain specialty occupation professionals from Australia.

E-3, E3S

Spouse of certain specialty occupation professionals from Australia

E-3R

Returning E-3 principal alien.

F-1

Academic student for on-campus employment and DSO-authorized curricular practical training. See RM 10211.240.

F-3

Canadian or Mexican national academic student who commutes to school in the U.S. DSO-authorized for DSO authorized curricular practical training. See RM 10211.255.

G-1*

Resident representative of recognized foreign member government to an international organization (principal).

G-2*

Other temporary representative of recognized foreign member government to an international organization (principal).

G-3*

Representative of unrecognized or nonmember foreign government to an international organization (principal).

G-4*

Representative of international organization (officer or employee) (principal).

G-5*

Attendant, servant, or personal employee of principal G-1, G-2, G-3, or G-4.

H-1B

Temporary worker in a specialty occupation.

H-1B1

Temporary worker in a specialty occupation(for nationals of Chile or Singapore).

H-2A

Agricultural worker.

H-2B

Non-agrarian seasonal worker.

H-3

Trainee.

I*

Foreign information media representative (principal).

J-1

Exchange visitor (pursuant to an approved program). See RM 10211.340. An exchange visitor whose DS-2019 shows the category as “student,” “student intern,” or “international visitor” in item 4 of the form must provide a letter from the program sponsor as evidence of authority to work. Otherwise, presume the employment authorization is part of the J-1's exchange program.

K-1

Fiancé(e) of U.S. citizen.

K-2

Child of K-1.

The I-766 shows “A-6” under Category

L-1

Intra-company transferee.

L-1A

Intra-company Transferee Managers and Executives.

L-1B

Intra-company Transferee Specialized Knowledge.

L-2, L2S**

Spouse of an intra-company transferee.

NATO-1 through 6*

NOTE: 

NATO 1* through 6* may be reflected as N-1, N-2, N-3, N-4, N-5, or N-6 on the submitted documentation.

NATO officer, representative, or personnel (principal).

NATO-7*

NOTE: 

NATO 7* may be reflected as N-7 on the submitted documentation.

Attendant, servant, or personal employee of principal NATO-1 through 6 (principal).

O-1

Alien with extraordinary ability in sciences, arts, education, business, or athletics.

O-2

Alien accompanying O-1.

OAR

Parolee admitted under Operation Allies Welcome

P-1

Internationally recognized athlete or entertainer in an internationally recognized group.

P1S

Internationally recognized athlete or entertainer support personnel

P-2

Artist or entertainer in an exchange program.

P2S

Artist or entertainer support personnel

P-3

Artist or entertainer in a culturally unique program.

P-3S

Essential support personnel

Q-1

Cultural exchange visitor.

R-1

Religious worker with a nonprofit religious organization.

T-1

Victim of severe form of trafficking.

 

NOTE: The applicant may possess an I-766, which shows “A-16” under Category; however, the card is not needed.

TC

Professional businessperson, United States-Canada Free Trade Act (FTA).

TN

Professional businessperson from Canada or Mexico, North American Free Trade Agreement (NAFTA).

TN-1

Professional businessperson from Canada, North American Free Trade Agreement (NAFTA).

TN-2

Professional businessperson from Mexico, North American Free Trade Agreement (NAFTA).

U-1

Victim of Certain Criminal Activity.

NOTE: 

The applicant may possess an I-766, which shows “A-19” under Category; however, the card is not needed.

U-2

Spouse of U-1.

NOTE: 

The applicant may possess an I-766, which shows "A-20" under Category; however, the card is not needed.

 

U-3

Child of U-1.

NOTE: 

The applicant may possess an I-766, which shows "A-20" under Category; however, the card is not needed.

U-4

Parent of U-1, if U-1 is under 21 years of age.

NOTE: 

The applicant may possess an I-766, which shows "A-20" under Category; however, the card is not needed.

U-5

Sibling of U-1. if U-1 is unmarried and under 18 years of age.

NOTE: 

The applicant may possess an I-766, which shows "A-20" under Category; however, the card is not needed.

UHP

Ukrainian Humanitarian Parolee admitted under Uniting for Ukraine.

V-1

Spouse of a permanent resident

NOTE: 

The applicant may possess an I-766, which shows "A-15" under Category; however, the card is not needed.

V-2

Child of a permanent resident

NOTE: 

The applicant may possess an I-766, which shows "A-15" under Category; however, the card is not needed.

V-3

Parent of a permanent resident

NOTE: 

The applicant may possess an I-766, which shows "A-15" under Category; however, the card is not needed.

Refugee

Alien admitted pursuant to section 207 of the Immigration and Nationality Act (INA).

The I-766 shows “A-3” under Category.

Asylee

Asylee under 208 of the INA.

The I-766 shows “A-5” under Category.

2. Aliens Who Require an EAD from DHS Authorizing Employment

The following chart lists, by COA code, non-immigrants authorized to work only with authorization from DHS. These aliens must submit an EAD.

For COAs displaying an asterisk (*), the principal alien, spouse, and child all have the same classification code. The visa of the dependent may show the name of the principal.

EXCEPTIONS:

  • Refugee or asylee employment authorization may be shown on the I-94;

  • F-1 employment authorization for curricular practical training (CPT) may be shown on page 3 of an I-20;

  • J-1 employment authorization when the DS-2019 category is “student,” “student intern,” or “international visitor” may be shown on a sponsor's letter.

Class of Admission

Description

A-1*, A-2*

Spouse or child of principal A-1, A-2 alien.

The I-766 shows “C-1” under Category.

B-1

Visitor for business who is:

  • a personal or domestic servant accompanying or following an employer admitted to the U.S. as a non-immigrant.

  • a domestic servant accompanying or following a U.S. citizen employer (the employer has a permanent home or is stationed in a foreign country and is temporarily in the U.S.).

  • an employee of a foreign airline and the employee is not a national of the country of the airline's nationality.

The I-766 shows “C-17” under Category.

NOTE: The instructions in RM 10211.420G.3. in this section apply if the B-1 alien is not authorized to work under one of the above situations.

E2C

Spouse of principal E2C long-term business investor or foreign investor. See RM 10210.676C.

F-1

Academic student for employment in authorized optional practical training (provision of law: optional practical training – 8 C.F.R. § 274a.12(c)(3)(i); employment with an international organization – 8 C.F.R. § 274a.12(c)(3)(ii); economic hardship – 8 C.F.R. § 274a.12(c)(3)(iii)).

The I-766 shows “C-3” under Category.

ation required for F-1s employed on campus or in curricular practical training (an EAD is not required for these types of employment).

F-3

Canadian or Mexican national academic student who commutes to school in the U.S

 

See RM 10211.240 for employment authorization document

.– for employment in optional practical training.

The I-766 shows “C-3” under Category.

G-1*, G-3*, G-4*

Spouse or child of G-1, G-3 or G-4 alien.

The I-766 shows “C-4” under Category.

H-4

Spouse of H-1B.

The I-766 shows “C-26” under Category.

J-2

Spouse or minor child of J-1 alien.

The I-766 shows “C-5” under Category.

K-3

Spouse of U.S. Citizen.

The I-766 shows “A-9” under Category.

K-4

Child of K-3.

The I-766 shows “A-9” under Category.

M-1

Nonacademic student - for practical training.

The I-766 shows “C-6” under Category.

M-3

Canadian or Mexican national non-academic commuter student for practical training.

The I-766 shows “C-6” under Category.

NATO – 1* through 6*

NOTE: 

NATO 1* through 6* may be reflected as N-1, N-2, N-3, N-4, N-5, or N-6 on the submitted documentation.

Spouse or child of principal NATO - 1 through 6 alien.

The I-766 shows “C-7” under Category.

N-8

Parent of alien granted permanent residence.

The I-766 shows “A-7” under Category.

N-9

Child of alien granted permanent residence.

The I-766 shows “A-7” under Category.

S-5

Alien supplying critical information relating to a criminal organization or enterprise.

The I-766 shows “C-21” under Category.

S-6

Alien supplying critical information relating to a counter terrorism matter.

The I-766 shows “C-21” under Category.

S-7

Spouse or child of S-5 or S-6 alien.

The I-766 shows “C-21” under Category.

T-2

Spouse of victim of severe form of trafficking.

The I-766 shows “C-25” under Category.

T-3

Child of victim of severe form of trafficking.

The I-766 shows “C-25” under Category.

T-4

Parent of victim of severe form of trafficking.

The I-766 shows “C-25” under Category.

T-5

Unmarried sibling under 18 years of age, of victim of a severe form of trafficking.

The I-766 shows "C-25" under Category.

T-6

Adult or minor child of derivative (primary applicant's spouse and/or children who will obtain status from the primary applicant) family member of a victim of severe form of trafficking.

For example: The T-2 spouse's child (the principal's stepchild.

The I-766 shows "C-25" under Category.

Parolee

Alien paroled temporarily into the U.S.

The I-766 shows “A-4” or “C-11” under Category.

NOTE: 

Effective November 21, 2022, there is an exception for parolees whose I-94s indicate (1)UHP or OAR and (2) DT, if Form I-94 was issued between February 23, 2022 and September 30, 2023 that indicates Ukraine as the country of citizenship.

Adjustment applicant

  • Applicant for adjustment to permanent resident alien under section 245 of immigration and nationality act (INA).

    The I-766 shows “C-9” under Category.

  • Applicant for creation of a record of lawful admission for permanent residence pursuant to section 249 of the INA.

    The I-766 shows “C-16” under Category.

LIFE Act Family Unity

Alien granted Family Unity benefits under section 1504 of the Legal Immigrant Family Equity (Life) Act Amendments.

The I-766 shows “A-13” under Category.

Temporary Protected Status alien

  • Alien granted Temporary Protected Status pursuant to section 244A of the INA.

    EAD shows “A-12” under Category.

  • Applicant for Temporary Protected Status pursuant to section 244A of the INA.

    EAD shows “C-19” under Category.

NOTE: Also see RM 10211.420E in this section.

Deportable or Removable Alien

  • Alien granted withholding of removal pursuant to section 241 of INA.

The I-766 shows “A-10” under Category.

  • Alien granted extended voluntary departure.

The I-766 shows “A-11” under Category.

  • Applicant for suspension of deportation pursuant to section 244 of the INA.

The I-766 shows “A-10” under Category.

  • Alien granted voluntary departure.

The I-766 shows “C-12” under Category.

  • Alien granted deferred action.

The I-766 shows “C-14” under Category.

  • Alien for whom there is a final order of removal and who is released on an order of supervision (Form 1-220B) pursuant to 8 CFR § 241.5

The I-766 shows “C-18” under Category.

Asylum applicant

  • Alien with an asylum application pending.

The I-766 shows "C-8" under Category.

Deferred Action for Childhood Arrivals (DACA)

Alien granted deferred action pursuant to the Deferred Action for Childhood Arrivals (DACA) process.

  • The I-766 shows “C33” under Category.

3. Aliens Who Are Not Authorized To Work In The U.S.

The following chart lists, by COA code, non-immigrants not authorized to work in the U.S.:

Class of Admission

Description

A-3

Spouse or child of principal A-3 alien.

B-1

Visitor for business. If the B-1 alien alleges employment as a personal, domestic servant, or employee of a foreign airline, follow RM 10211.420G.2. in this section.

B-2

Visitor for pleasure.

BE

Bering Strait Agreement visa-free visitor for pleasure to certain designated areas of Alaska.

C-1

Alien in transit through the U.S.

C-2, C-3

Foreign Government Official In Transit and dependents.

C-3

Attendant, servant, other personal employee, spouse or child of principal C-3 alien.

CW2

Spouse or child of principal CW1 alien.

NOTE: Valid Only in the CNMI. See RM 10210.684C.

D-1, D-2

Crew member.

E-1, E1Y

  • Child of principal E-1 alien.

  • Child of principal E-1 alien who is an employee of the Coordination Council for North American Affairs and the child does not have an EAD.

E-2, E2Y

Child of principal E-2 alien.

E-3, E3Y, E–3D

Child of principal E-3 alien.

F-2

Spouse or child of F-1 alien.

G-2, G-5

Spouse or child of principal G-2 or G-5 alien.

H-4

Spouse or child of H-1A, H-2A, H-2B, or H-3 alien.

Spouse of H-1B and the spouse does not have an EAD

Child of H-1B

I

Spouse or child of principal I alien.

L-2

Child of L-1 alien.

M-2

Spouse or child of M-1 alien.

M-3

Canadian or Mexican national commuter vocational or non-academic student. However, see RM 10211.240G.2. in this section if the M-3 alien has an EAD for optional practical training, which is the only type of work that an M-3 may be authorized to perform by DHS.

O-3

Spouse or child of O-1 or O-2 alien.

P-4

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

Q-3

Spouse or child of Q-2.

R-2

Spouse or child of R-1 alien.

TD

Spouse or child of TN alien.

WB

Visitor for business from a visa waiver country.

WT

Tourist from a visa waiver country.


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0110211420
RM 10211.420 - Employment Authorization for Non-immigrants - 05/12/2023
Batch run: 05/12/2023
Rev:05/12/2023