Social Security

A. Purpose

This emergency message (EM) informs technicians of the new Form I-766 (EAD) Category Code: C40 now available in the Social Security Number Application Process (SSNAP) and provides processing instructions to field office technicians.

Effective Aug. 28, DHS established a new C40 category on Form I-766, Employment Authorization Document (EAD). The C40 category is for individuals with a pending Form I-914, Application for T Nonimmigrant Status, whose application is determined to be bona fide and meets the prima facie standard, and who apply and are approved for employment authorization. T nonimmigrant status is for certain noncitizens who are or have been victims of a severe form of trafficking in persons.

Bona Fide Determinations require that USCIS complete the appropriate biometric and biographical background checks and that the petition presents enough evidence at first glance for the approval of a benefit. The applicant may receive deferred action e.g., temporary protection against being put in removal proceedings, from USCIS and employment authorization if USCIS finds the petition bona fide and the petitioner does not pose a risk to public safety or national security and merits a favorable exercise of discretion.

If T-1 nonimmigrant status is granted, individuals will receive a new EAD with category A16; and if T-2, T-3, T-4, T-5, or T-6 nonimmigrant status is granted, individuals will receive a new EAD with category C25. Remember to always request the most recent immigration document when taking enumeration applications.

For more information, see the final rule 81 FR 92285 which updates 8 CFR 274a.12(c).

On August 21, 2024, SSNAP was updated to reflect the Form I-766 (EAD) category code of “C40” on the “Proof of Legal Alien Status” screen.

The SAVE responses are as follows:
· Initial Verification response - “Temporary Employment Authorized.”
· Additional Verification (AV) and Third Level responses – “Application Pending” and “Employment Authorized – Temp Emp Auth.”

T nonimmigrants in possession of Form I-766 (EAD) with a category code of “C40” may submit only one document as evidence of age, identity, and lawful alien status as outlined in RM 10210.020.