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Employment Authorization

U.S. employers must check to make sure all employees, regardless of citizenship or national origin, are allowed to work in the United States. If you are not a citizen or a permanent resident, you may need to apply for an Employment Authorization Document (EAD) to prove you may work in the United States.

USCIS issues Employment Authorization Documents (EAD) in the following categories:

  • EAD: This document proves you are allowed to work in the United States
  • Renewal EAD: You cannot file for a renewal EAD more than 120 days before your original EAD expires.
  • Replacement EAD: This document replaces a lost, stolen, or mutilated EAD.  A replacement EAD also replaces an EAD that was issued with incorrect
    information, such as a misspelled name.

Question 17 of Form I-765, Application for Employment Authorization, asked for your eligibility category.  Because there are many different ways in which a person may apply for and be granted permission to work, it is important that you write the correct eligibility category on your application.  Below is an employmetn authorization codes chart for the eligibility categories.

8 CFR 274a.12 

Description

(a)(1)  Employment authorized incident to status
(a)(2)  Lawful Temporary Resident
(a)(3)  Refugee
(a)(4)  Paroled Refugee
(a)(5)  Asylee
(a)(6)  Fiancé(e)
(K-1 or K-2 Nonimmigrant)
(a)(7)  N-8 or N-9
(a)(8)  Citizen of Micronesia, Marshall Islands, or Palau
(a)(9)  K-3 or K-4
(a)(10)  Withholding of Removal
(a)(11)  Deferred Enforced Departure (Extended Voluntary Departure)
(a)(12)  Temporary Protected Status
(a)(13)  Family Unity Program
(Section 301 of the Immigration Act of 1990)

(a)(14) 

LIFE Legalization
(Section 1504 of the Legal Immigrant Family Equity (LIFE) Act Amendments)

(a)(15) 

V Visa Nonimmigrants
(a)(16)  T-1 Visa Nonimmigrant
(a)(17)  E Visa Nonimmigrant Spouses
(a)(18)  L Visa Nonimmigrant Spouses
(a)(19)  U-1 Nonimmigrants
(a)(20)  U-2, U-3, U-4, or U-5 Nonimmigrants
(c)(1)  Spouse/Dependent of A-1 or A-2 Visa Nonimmigrant
(c)(2)  Spouse/Dependent of Coordination Council for North American Affairs (E-1)/ Taipei Economic and Cultural Representative Office (TECRO)
(c)(3)(A)  F-1 Student, Pre-Completion Optional Practical Training
(c)(3)(B)  F-1 Student, Post-Completion Optional Practical Training
(c)(3)(C)  F-1 Student, 17-month extension for STEM Students
(c)(3)(ii) F-1 Student, Off-Campus Employment Sponsored by a Qualifying International Organization

(c)(3)(iii) 
F-1 Student, Off-Campus Employment Due to Severe Economic Hardship

(c)(4) 
Spouse/Dependent of G-1, G-3, or G-4
(c)(5)  J-2 Spouse or Child of J-1 Exchange Visitor

(c)(6) 
M-1 Student, Practical Training
(c)(7)  Dependent of NATO-1 through NATO-6
(c)(8)  Asylum Application Pending filed on/after January 4, 1995
(c)(8)  Asylum Application Pending filed before January 4, 1995 and applicant is not in exclusion/deportation proceedings
(c)(8)  Asylum Application Pending filed before January 4, 1995 and applicant is in exclusion/deportation proceedings
(c)(8)  Asylum Application under ABC Agreement
(c)(9)  Pending Adjustment of Status under Section 245 of the Act
(c)(10)  Suspension of Deportation Applicants (filed before April 1, 1997)
Cancellation of Removal Applicants
Cancellation Applicants Under NACARA
(c)(11)  Public Interest Parolee
(c)(14)  Deferred Action (not based on an approved I-360 petition filed for a battered/abused spouse or child)
(c)(14)  Deferred Action (based on an approved I-360 petition filed for a battered/abused spouse or child)
(c)(15)  Not in use
(c)(16)  Creation of Record (Adjustment Based on Continuous Residence Since January 1, 1972)
(c)(17)(i)  B-1 Domestic of a Nonimmigrant

(c)(17)(ii) 
B-1 Domestic of a USC
(c)(17)(iii)  Employee of a Foreign Airline
(c)(18)  Order of Supervision
(c)(19)  Temporary Treatment Benefits
(c)(20)  Section 210 Legalization
(c)(21)  S Visa Nonimmigrant
(c)(22)  Section 245A Legalization (pending I-687)
(c)(23)  Irish Peace Process (Q-2)
(c)(24)  LIFE Legalization

 

Last Reviewed/Updated: 07/07/2011