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Policy Manual
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INA
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Book outline for Policy Manual
  • Policy Manual
    • Search
    • Updates
    • Table of Contents
    • Volume 1 - General Policies and Procedures
    • Volume 2 - Nonimmigrants
    • Volume 3 - Humanitarian Protection and Parole
    • Volume 4 - Refugees and Asylees
    • Volume 5 - Adoptions
    • Volume 6 - Immigrants
    • Volume 7 - Adjustment of Status
    • Volume 8 - Admissibility
    • Volume 9 - Waivers and Other Forms of Relief
    • Volume 10 - Employment Authorization
      • Part A - Employment Authorization Policies and Procedures
      • Part B - Specific Categories
        • Chapter 1 - Purpose and Background
        • Chapter 2 - Employment-Based Nonimmigrants
        • Chapter 3 - Reserved
        • Chapter 4 - Reserved
    • Volume 11 - Travel and Identity Documents
    • Volume 12 - Citizenship and Naturalization
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  2. Policy Manual
  3. Volume 10 - Employment Authorization
  4. Part B - Specific Categories
  5. Chapter 1 - Purpose and Background

Chapter 1 - Purpose and Background

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  • Guidance
  • Resources (5)
  • Appendices (0)
  • Updates (4)
  • History (1)

For a few select categories of noncitizens, the Immigration and Nationality Act (INA) grants employment authorization outright or directs the Secretary to authorize employment and provide an endorsement of that authorization.[1] For other categories of noncitizens, the INA provides that the Secretary may grant employment authorization and provide an endorsement of that authorization.[2]

DHS regulations at 8 CFR 274a.12 set forth the following categories:

  • Noncitizens authorized to work in the United States incident to their immigration status (8 CFR 274a.12(a));

  • Noncitizens who are authorized to work in the United States but only for a specific employer (8 CFR 274a.12(b)); and

  • Noncitizens who fall within a category that the Secretary has determined must apply for employment authorization and may receive employment authorization as a matter of discretion (8 CFR 274a.12(c)).

For most noncitizens in the first category seeking an Employment Authorization Document (EAD, Form I-766) and those in the last category seeking both employment authorization and an EAD, an application generally must be filed with USCIS with the appropriate fee (unless waived), and in accordance with the instructions to the Application for Employment Authorization (Form I-765).[3] 

Footnotes


[^ 1] See, for example, INA 210(a)(4) (authorizing employment for special agricultural workers); INA 214(c)(2)(E) (directing the Secretary to authorize the employment of spouses of L nonimmigrants and provide an employment authorized endorsement); INA 214(e)(2) (directing the Secretary to authorize the employment of spouses of E treaty traders and investor and provide an employment authorized endorsements); and INA 214(3)(B) (directing the Secretary to provide U nonimmigrants employment authorization). In addition, see INA 274A(h)(3)(A) (defining “unauthorized alien” as not including lawful permanent residents).

[^ 2] For example, Congress has authorized that the Secretary may choose to authorize employment to noncitizens like applicants for asylum (INA 208(d)(2)), spouses and children of A, G, E-3, and H nonimmigrants who have been battered or subjected to extreme cruelty (INA 106(a)), those with pending, bona fide petitions for U nonimmigrant status (INA 214(p)(6)), and the Haitian Refugee Immigration Fairness Act of 1998 (HRIFA) (Division A, Title IX of Pub. L. 105-277 (PDF) (October 21, 1998)). Most other discretionary employment authorization is established by regulation and is based on the Secretary’s statutory authority under INA 103(a), as well as the provision at INA 274A(h)(3).

[^ 3] See 8 CFR 274a.13. See the Application for Employment Authorization (Form I-765).

Resources

Legal Authorities

8 CFR 274a.12 - Classes of aliens authorized to accept employment

Forms

AR-11, Change of Address

G-28, Notice of Entry of Appearance as Attorney or Accredited Representative

I-765, Application for Employment Authorization

I-9, Employment Eligibility Verification

Appendices

No appendices available at this time.

Updates

POLICY ALERT - Employment Authorization for Certain H-4, E, and L Nonimmigrant Dependent Spouses

November 12, 2021

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to address automatic extension of employment authorization for certain H-4, E, and L nonimmigrant dependent spouses. USCIS is also rescinding the 2002 Legacy Immigration and Naturalization Service memorandum entitled, “Guidance on Employment Authorization for E and L Nonimmigrant Spouses, and for Determinations on the Requisite Employment Abroad for L Blanket Petition” (2002 INS memorandum).

Read More
Affected Sections

10 USCIS-PM B.1 - Chapter 1 - Purpose and Background

10 USCIS-PM B.2 - Chapter 2 - Employment-Based Nonimmigrants

Technical Update - Replacing the Term “Alien”

May 11, 2021

This technical update replaces all instances of the term “alien” with “noncitizen” or other appropriate terms throughout the Policy Manual where possible, as used to refer to a person who meets the definition provided in INA 101(a)(3) [“any person not a citizen or national of the United States”].

Affected Sections

1 USCIS-PM - Volume 1 - General Policies and Procedures

2 USCIS-PM - Volume 2 - Nonimmigrants

6 USCIS-PM - Volume 6 - Immigrants

7 USCIS-PM - Volume 7 - Adjustment of Status

8 USCIS-PM - Volume 8 - Admissibility

9 USCIS-PM - Volume 9 - Waivers and Other Forms of Relief

10 USCIS-PM - Volume 10 - Employment Authorization

11 USCIS-PM - Volume 11 - Travel and Identity Documents

12 USCIS-PM - Volume 12 - Citizenship and Naturalization

POLICY ALERT - Applications for Discretionary Employment Authorization Involving Certain Adjustment Applications or Deferred Action

January 14, 2021

U.S. Citizenship and Immigration Services (USCIS) is providing policy guidance in the USCIS Policy Manual regarding applications for discretionary employment authorization based on 8 CFR 274a.12(c)(9) (pending application for adjustment of status under INA 245) or 8 CFR 274a.12(c)(14) (grant of deferred action). USCIS is also providing guidance outlining the categories of aliens eligible for discretionary employment authorization.

Read More
Affected Sections

10 USCIS-PM A - Part A - Employment Authorization Policies and Procedures

10 USCIS-PM B - Part B - Specific Categories

Technical Update - Replacing the Term “Foreign National”

October 08, 2019

This technical update replaces all instances of the term “foreign national” with “alien” throughout the Policy Manual as used to refer to a person who meets the definition provided in INA 101(a)(3) [“any person not a citizen or national of the United States”].

Affected Sections

1 USCIS-PM - Volume 1 - General Policies and Procedures

2 USCIS-PM - Volume 2 - Nonimmigrants

6 USCIS-PM - Volume 6 - Immigrants

7 USCIS-PM - Volume 7 - Adjustment of Status

8 USCIS-PM - Volume 8 - Admissibility

9 USCIS-PM - Volume 9 - Waivers and Other Forms of Relief

10 USCIS-PM - Volume 10 - Employment Authorization

11 USCIS-PM - Volume 11 - Travel and Identity Documents

12 USCIS-PM - Volume 12 - Citizenship and Naturalization

Archived Content

This content has been superseded by the current version available in the Guidance tab. The historical versions linked below reflect the pertinent policy in effect on that date and dates reflect when updates occurred. The historical versions are provided for research and reference purposes only. USCIS employees should not rely on the historical versions for current laws, precedent decisions, policies, directives, guidance, and procedures.

The History tab was added to the USCIS Policy Manual on June 11, 2021, and provides historical versions on and after that date. For historical versions before June 11, 2021, navigate to the USCIS Policy Manual within the USCIS website at: https://archive.org

Version History:

  • View version archived on May 11, 2021

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