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Citizenship immigration status 1 2 3 41/27/2024 The following nonimmigrants and parolees are automatically authorized to work for a specific employer based on their particular nonimmigrant status or parole: įoreign government officials (A-1 or A-2 nonimmigrants), or employees of such official (A-3 nonimmigrants) įoreign government officials in transit (C-2 or C-3 nonimmigrants) Authorized to Work for Specific Employer Based on Status or Circumstances Ī noncitizen in one of these statuses or circumstances is authorized to work in the United States without restriction.Īlthough employment authorization is automatic, generally noncitizens in these categories still need to submit Form I-765 to USCIS with the appropriate fee, and in accordance with the form instructions, to receive an Employment Authorization Document (EAD) as evidence of such authorization if they intend to work in the United States. Noncitizens granted Commonwealth of the Northern Mariana Islands (CNMI) resident status (employment authorization is limited to the CNMI). Victims of qualifying criminal activity (U-1 nonimmigrants) and certain qualifying family members (U-2, U-3, U-4, and U-5 nonimmigrants) and Victims of severe forms of trafficking in persons (T-1 nonimmigrants) Persons granted voluntary departure under the Family Unity Program or granted Family Unity benefits Persons granted temporary protected status (TPS) Persons under Deferred Enforced Departure (DED) Persons granted withholding of deportation or removal citizens or children of such spouses (K-3 or K-4 nonimmigrants) Parents or dependent children of persons granted LPR status based on being an employee of a recognized international organization (or such an employee’s family member) Ĭitizens of Micronesia, the Marshall Islands, or Palau citizens or children of such fiancé(e)s (K-1 or K-2 nonimmigrants) Lawful permanent residents (LPRs) (with or without conditions) įiancé(e)s of U.S. The following noncitizens are automatically authorized to work based on their status or circumstance: Authorized to Work for Any Employer Based on Status or Circumstances The regulations outline three classes of eligibility for employment authorization:Īuthorization to work for any employer, as well as to engage in self-employment, based on immigration status or circumstances Īuthorization to work for a specific employer based on immigration status or circumstances andĪuthorization to work for any employer, as well as to engage in self-employment, upon approval, in the discretion of USCIS, of an Application for Employment Authorization ( Form I-765). Whether or not a noncitizen is authorized to work in the United States depends on the noncitizen's immigration status or circumstances.
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