For permission to work in the U.S., most non-immigrants are granted work authorization that is employer specific and subject to the conditions of their non-immigrant status. However, there are individuals who may be eligible for an Employment Authorization Document (EAD) incident to their status. For example, spouses of non-immigrants employees in certain classifications are eligible for work authorization on account of their derivative status. (See list below for examples of other eligible classifications).
In order to apply for an EAD, an individual should file Form I-765, Application for Employment Authorization, with the requisite documentation supporting eligibility.
Below are some categories that are eligible for employment authorization:
- B-1: Temporary Business Visitor (Eligibility limited to servants of holders of B, E, F, H, I, J, L, NAFTA visas or a U. S. citizen residing in a foreign country and certain employees of airlines not eligible for E-1 status)
- E-1: Spouse of E-1
- E-2: Spouse of E-2
- F-1: Academic Student (For optional practical training and off-campus employment)
- J-1: Spouse of J-1
- K-1: Fiancé(e) of U.S. citizen
- K-2: Minor child of K-1
- K-3: Spouse of U.S. citizen
- K-4: Child of K-3
- L-2: Spouse of L-1
- M-1: Non-academic student (For post-completion optional practical training)
- H-4: Spouse of H-1B who has an approved I-140 Immigrant Petition or has been granted H-1B extensions under Sections 106(a) and (b) of AC-21.
- Pending Adjustment of Status Applicants