Employment authorization document

The category includes the persons who either are given an Employment Authorization Document incident to their status or must apply for an Employment Authorization Document in order to accept the employment.[1]

• Asylee/Refugee, their spouses, and their children
• Citizens or nationals of countries falling in certain categories
• Foreign students with active
  • F-1 status who wish to pursue
    • Pre- or Post-Optional Practical Training, either paid or unpaid, which must be directly related to the students' major of study
    • Optional Practical Training for designated science, technology, engineering, and mathematics degree holders, where the beneficiary must be employed for paid positions directly related to the beneficiary's major of study, and the employer must be using E-Verify
    • The internship, either paid or unpaid, with an authorized International Organization
    • The off-campus employment during the students' academic progress due to significant economic hardship, regardless of the students' major of study
  • M-1 status who wish to pursue practical training which is directly related to the students' vocational training from the school
• J-1 Summer Work/Travel visa holders
• Spouses of exchange visitors with certain regulation
• Eligible dependents of employees of diplomatic missions, International Organization, or NATO
• Certain employment-based nonimmigrants; limits may apply
• Certain family-based nonimmigrants
• Persons within the adjustment-of-status categories
• Other eligible categories

The following persons do not qualify for an Employment Authorization Document, nor can they accept any employment in the United States, unless the incident of status may allow.

• Visa waived persons for pleasure
• B-2 visitors for pleasure
• Transiting passengers via U.S. port-of-entry

The following persons do not qualify for an Employment Authorization Document, even if they are authorized to work in certain conditions, according to the U.S. Citizenship and Immigration Service regulations (8 CFR Part 274a).[6] Some statuses may be authorized to work only for a certain employer, under the term of 'alien authorized to work for the specific employer incident to the status', usually who has petitioned or sponsored the persons' employment. In this case, unless otherwise stated by the U.S. Department of Homeland Security, no approval from either the U.S. Department of Homeland Security or U.S. Citizenship and Immigration Services is needed.

• Temporary non-immigrant workers employed by sponsoring organizations holding following status:
  • H (Dependents of H immigrants may qualify if they have been granted an extension beyond six years or based on an approved I-140 perm filing)
  • I
  • L-1 (Dependents of L-1 visa are qualified to apply for an Employment Authorization Document immediately)
  • O-1
• Foreign student holding F-1 nonimmigrant student status, with certain working-hour limitations, who is pursuing:
  • on-campus employment, regardless of the students' field of study
  • curricular practical training for paid (can be unpaid) alternative study, pre-approved by the school, which must be the integral part of the students' study
• Exchange visitor employed by sponsoring organizations; limits may apply
• Crew members, only for the carrier who has employed the persons

• A citizen of the United States
• A noncitizen national of the United States
• A lawful permanent resident
• An alien authorized to work
  • As an "Alien Authorized to Work," the employee must provide an "A-Number" present in the EAD card, along with the expiration day of the temporary employment authorization. Thus, as established by form I-9, the EAD card is a document which serves as both an identification and verification of employment eligibility.[10]

Concurrently, the Immigration Act of 1990 “increased the limits on lawful immigration to the United States," [...] "established new nonimmigrant admission categories," and revised acceptable grounds for deportation. Most importantly, it brought to light the "authorized temporary protected status" for aliens of designated countries.[7]

Through the revision and creation of new classes of nonimmigrants, qualified for admission and temporary working status, both IRCA and the Immigration Act of 1990 provided legislation for the regulation of employment of noncitizen.

The 9/11 attacks brought to the surface the weak aspect of the immigration system. After the September 11 attacks, the United States intensified its focus on interior reinforcement of immigration laws to reduce illegal immigration and to identify and remove criminal aliens.[12]

• Temporary Protected Status
  • Under Temporary Protected Status, individuals are given relief from deportation as temporary refugees in the United States. Under Temporary Protected Status, individuals are given protected status if found that "conditions in that country pose a danger to personal safety due to ongoing armed conflict or an environmental disaster". This status is granted typically for 6 to 18 month periods, eligible for renewal unless the individual's Temporary Protected Status is terminated by U.S. Citizenship and Immigration Services. If withdrawal of Temporary Protected Status occurs, the individual faces exclusion or deportation proceedings.[13]
• Deferred Action for Childhood Arrivals
  • Deferred Action for Childhood Arrivals was authorized by President Obama in 2012; it provided qualified undocumented youth "access to relief from deportation, renewable work permits, and temporary Social Security numbers".[14]
• Currently Blocked and Awaiting Implementation
  • Deferred Action for Parents of Americans: If enacted, Deferred Action for Parents of Americans would provide parents of Americans and Lawful Permanent Residents, protection from deportation and make them eligible for an Employment Authorization Document.[15]