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Employment Authorization Document - Work Permits

Unauthorized employment in the United States is not allowed and foreign nationals might be subject to deportation for failure to properly maintaining their status in the United States.

The USCIS allows for certain foreign nationals to be able to stay and work in the United States primarily based on their nonimmigrant visa category and authorized period of stay or based on their derivative nonimmigrant status category. Permanent residents (Green Card holders) do not need to apply for work authorization because they are already allowed to work based on their status as permanent residents. The following is the list of the nonimmigrant visa categories which allow foreign nationals to work incident their status or apply for work authorization document:

Foreign nationals can work incident to the following nonimmigrant visa categories:

  • E-1 / E-2 traders and investors
  • F-1 students (under specific conditions)
  • H-1 specialty occupation workers
  • J-1 exchange visitors based on specific programs
  • K-1 fiancés and their children
  • K-3 spouses and their children
  • L-1 intracompany transferees
  • O-1 person of extraordinary ability in the sciences, arts, education, business or athletics
  • P-1 athletes and group entertainers
  • Q-1 & Q-2 cultural and training visas
  • R-1 religious workers
  • I – media workers
  • TN – professional workers under NAFTA

The following foreign nationals must apply for work authorization based on their nonimmigrant status or derivative nonimmigrant status:

  • E-1 / E-2 derivatives of traders and investors
  • L-2 derivatives of intracompany transferees
  • F-1 student applying for optional practical training
  • M-1 student applying for practical training
  • S visa holders and their family members
  • Domestic servants of B, E, F, H, I, J, L or TN visa holders
 

Disclosure

We do not represent the Department of Homeland Security or any legal entity. All content on this site is strictly for informational purposes meant to help you make an informed decision regarding you, or your loved ones immigration to the U.S. Be sure to consult our immigration attorney for any legal advice.

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