Chikimyrn
08-28-2007, 01:22 PM
https://s044a90.ssa.gov/apps10/poms.nsf/lnx/0100203500#c1
1. Aliens Work Authorized Without Specific DHS Authorization. The following sections list nonimmigrants, by alien class of admission codes, who are authorized to work in the U.S. without specific authorization from DHS. The person’s I-94 will not have the DHS employment authorization stamp and the alien will generally not have an EAD.
For those with an asterisk (*), the principal alien, spouse, and child all have the same classification code. In some instances, both the husband and wife are both principal aliens when the classification is E-1, E-2. Accept their statements that both are principals.
For those with a double asterisk (**) (non-immigrant E-1, E-2, and L-2 classifications), the spouse is also authorized to work without specific DHS authorization. The E-1, E-2, and L-2 spouse is not required to apply to DHS for an EAD card as documentary evidence of work authorization but may choose to do so. When the E-1, E-2, or L-2 spouse applies for an SSN card and does not submit an EAD as evidence of employment authorization, he/she must submit, in addition to evidence of immigration status, evidence of a marital relationship to the principal E-1, E-2, or L-1 alien. The evidence of marital relationship between the applicant and the principal E-1, E-2, or L-1 alien is a marriage document (indicating the marriage occurred prior to admission to the U.S. as an E-1, E-2, or L-2 non-immigrant).
NOTE: Ask the alien whether he/she is the principal alien who is authorized to work or the spouse, child or other dependent of the principal alien and see RM 00203.500C.1., RM 00203.500C.2., and RM 00203.500C.3. when the alien is the spouse (other than an E-1, E-2 or L-2 spouse) or child.
Class of Admission
Description
A-1*
Ambassador, public minister, career diplomat or consular officer
A-2*
Other foreign government official or employee
A-3*
Attendant, servant, or personal employee of principal A-1, or A-2
C-3*
Foreign government official in transit through the U.S.
E-1*
Treaty trader (principal)
E-1**
Spouse of principal E-1
When an EAD card is issued in these situations to an E-1 spouse, the I-766 shows “A-17” under Category and the I-688B shows “274a.12(A)(17)” under Provision of Law.
If an EAD is not submitted, applicant must submit a marriage document as evidence that he/she is spouse of the principal E-1 alien
E-2*
Treaty investor (principal)
E-2**
Spouse of principal E-2
When an EAD card is issued in these situations to an E-2 spouse, the I-766 shows “A-17” under Category and the I-688B shows “274a.12 (A)(17)” under Provision of Law.
If an EAD is not submitted, applicant must submit a marriage document as evidence that he/she is spouse of the principal E-2 alien
E-3*
Treaty trader in a specialty occupation
F-1
Academic student - for on-campus employment, and DSO authorized curricular practical training. (See RM 00203.470 for the proof required)
F-3
Canadian or Mexican national academic student who commutes to school in the U.S. – for DSO authorized curricular practical training (see RM 00203.470C.5.a.)
G-1*
Resident representative of recognized foreign member government to an international organization
G-2*
Other temporary representative of recognized foreign member government to an international organization
G-3*
Representative of unrecognized or nonmember foreign government to an international organization
G-4*
Representative of international organization (officer or employee)
G-5*
Attendant, servant, or personal employee of principal G-1, G-2, G-3, or G-4
H-1B
Worker in a specialty occupation
H-1B1
Temporary worker in a specialty occupation
H-1C
Registered nurse
H-2A
Agricultural worker
H-2B
Non-agrarian seasonal worker
H-2R
Returning H-2B worker (worker was previously admitted as H-2B, left the U.S. temporarily and is returning to the U.S.
H-3
Trainee
I*
Foreign information media representative
J-1
Exchange visitor (pursuant to an approved program) (See RM 00203.480) An exchange visitor whose DS-2019 shows the category as “international visitor” or “student” in item 4 of the form must provide a letter from the program sponsor as evidence of authority to work. Otherwise, presume the J-1 is authorized to work as part of the exchange program.
K-1
Fiancé(e) of U.S. citizen
L-1
Intracompany transferee
L-2**
Spouse of an intracompany transferee
When an EAD card is issued to an L-2 spouse, the I-766 shows “A-18” under Category and the I-688B shows “274a.12 (A)(18)” under Provision of Law.
If an EAD is not submitted, applicant must submit a marriage document as evidence that he/she is spouse of the L-1 alien
NATO-1 through 6*
NATO officer, representative, or personnel
NATO-7*
Attendant, servant, of personal employee of principal NATO-1 through 6
O-1
Alien with extraordinary ability in sciences, arts, education, business or athletics
O-2
Alien accompanying O-1
P-1
Internationally recognized athlete or entertainer in an internationally recognized group
P-2
Artist or entertainer in an exchange program
P-3
Artist or entertainer in a culturally unique program
Q-1
Cultural exchange visitor
Q-2
Irish Peace Process Cultural and Training Program Visitor
R-1
Religious worker with a nonprofit religious organization
TC
Professional business person, United States-Canada Free Trade Act (FTA)
TN
Professional business person from Canada or Mexico, North American Free Trade Agreement (NAFTA)
Refugee
Alien admitted pursuant to section 207 of the Immigration and Nationality Act (INA)
The I-766 shows “A-3” under Category; the I-688B shows “274a.12 (A)(3)” under Provision of Law.
Asylee
Asylee under 208 of the INA
The I-766 shows “A-5” under Category; the I-688B shows “274a.12 (A)(5)” under Provision of Law.
1. Aliens Work Authorized Without Specific DHS Authorization. The following sections list nonimmigrants, by alien class of admission codes, who are authorized to work in the U.S. without specific authorization from DHS. The person’s I-94 will not have the DHS employment authorization stamp and the alien will generally not have an EAD.
For those with an asterisk (*), the principal alien, spouse, and child all have the same classification code. In some instances, both the husband and wife are both principal aliens when the classification is E-1, E-2. Accept their statements that both are principals.
For those with a double asterisk (**) (non-immigrant E-1, E-2, and L-2 classifications), the spouse is also authorized to work without specific DHS authorization. The E-1, E-2, and L-2 spouse is not required to apply to DHS for an EAD card as documentary evidence of work authorization but may choose to do so. When the E-1, E-2, or L-2 spouse applies for an SSN card and does not submit an EAD as evidence of employment authorization, he/she must submit, in addition to evidence of immigration status, evidence of a marital relationship to the principal E-1, E-2, or L-1 alien. The evidence of marital relationship between the applicant and the principal E-1, E-2, or L-1 alien is a marriage document (indicating the marriage occurred prior to admission to the U.S. as an E-1, E-2, or L-2 non-immigrant).
NOTE: Ask the alien whether he/she is the principal alien who is authorized to work or the spouse, child or other dependent of the principal alien and see RM 00203.500C.1., RM 00203.500C.2., and RM 00203.500C.3. when the alien is the spouse (other than an E-1, E-2 or L-2 spouse) or child.
Class of Admission
Description
A-1*
Ambassador, public minister, career diplomat or consular officer
A-2*
Other foreign government official or employee
A-3*
Attendant, servant, or personal employee of principal A-1, or A-2
C-3*
Foreign government official in transit through the U.S.
E-1*
Treaty trader (principal)
E-1**
Spouse of principal E-1
When an EAD card is issued in these situations to an E-1 spouse, the I-766 shows “A-17” under Category and the I-688B shows “274a.12(A)(17)” under Provision of Law.
If an EAD is not submitted, applicant must submit a marriage document as evidence that he/she is spouse of the principal E-1 alien
E-2*
Treaty investor (principal)
E-2**
Spouse of principal E-2
When an EAD card is issued in these situations to an E-2 spouse, the I-766 shows “A-17” under Category and the I-688B shows “274a.12 (A)(17)” under Provision of Law.
If an EAD is not submitted, applicant must submit a marriage document as evidence that he/she is spouse of the principal E-2 alien
E-3*
Treaty trader in a specialty occupation
F-1
Academic student - for on-campus employment, and DSO authorized curricular practical training. (See RM 00203.470 for the proof required)
F-3
Canadian or Mexican national academic student who commutes to school in the U.S. – for DSO authorized curricular practical training (see RM 00203.470C.5.a.)
G-1*
Resident representative of recognized foreign member government to an international organization
G-2*
Other temporary representative of recognized foreign member government to an international organization
G-3*
Representative of unrecognized or nonmember foreign government to an international organization
G-4*
Representative of international organization (officer or employee)
G-5*
Attendant, servant, or personal employee of principal G-1, G-2, G-3, or G-4
H-1B
Worker in a specialty occupation
H-1B1
Temporary worker in a specialty occupation
H-1C
Registered nurse
H-2A
Agricultural worker
H-2B
Non-agrarian seasonal worker
H-2R
Returning H-2B worker (worker was previously admitted as H-2B, left the U.S. temporarily and is returning to the U.S.
H-3
Trainee
I*
Foreign information media representative
J-1
Exchange visitor (pursuant to an approved program) (See RM 00203.480) An exchange visitor whose DS-2019 shows the category as “international visitor” or “student” in item 4 of the form must provide a letter from the program sponsor as evidence of authority to work. Otherwise, presume the J-1 is authorized to work as part of the exchange program.
K-1
Fiancé(e) of U.S. citizen
L-1
Intracompany transferee
L-2**
Spouse of an intracompany transferee
When an EAD card is issued to an L-2 spouse, the I-766 shows “A-18” under Category and the I-688B shows “274a.12 (A)(18)” under Provision of Law.
If an EAD is not submitted, applicant must submit a marriage document as evidence that he/she is spouse of the L-1 alien
NATO-1 through 6*
NATO officer, representative, or personnel
NATO-7*
Attendant, servant, of personal employee of principal NATO-1 through 6
O-1
Alien with extraordinary ability in sciences, arts, education, business or athletics
O-2
Alien accompanying O-1
P-1
Internationally recognized athlete or entertainer in an internationally recognized group
P-2
Artist or entertainer in an exchange program
P-3
Artist or entertainer in a culturally unique program
Q-1
Cultural exchange visitor
Q-2
Irish Peace Process Cultural and Training Program Visitor
R-1
Religious worker with a nonprofit religious organization
TC
Professional business person, United States-Canada Free Trade Act (FTA)
TN
Professional business person from Canada or Mexico, North American Free Trade Agreement (NAFTA)
Refugee
Alien admitted pursuant to section 207 of the Immigration and Nationality Act (INA)
The I-766 shows “A-3” under Category; the I-688B shows “274a.12 (A)(3)” under Provision of Law.
Asylee
Asylee under 208 of the INA
The I-766 shows “A-5” under Category; the I-688B shows “274a.12 (A)(5)” under Provision of Law.