Who may apply for an EAD?

The general categories of aliens that may apply for an EAD include (but are not limited to):

  1. F-1 student seeking Optional Practical Training (OPT) in an occupation directly related to her studies. After having been enrolled full-time in an approved school for at least nine months, alien students are eligible to apply for an EAD.

  2. F-1 students offered off-campus employment under the sponsorship of a qualifying international organization.

  3. F-1 student seeking off-campus employment due to severe economic hardship. Alien applicants must submit any evidence, such as affidavits, which detail the unforeseen economic circumstances that caused the request, as well as evidence that the applicants have tried to find off-campus employment with an employer who has filed a labor and wage attestation. For more information about F-1 issues, please click here.

  4. J-2 spouse or minor child of an exchange visitor. Applicants must submit a written statement, with supporting evidence, showing that the employment is not necessary to support the J-1, but is for another purpose. For more information about J-1 issues, please click here.

  5. Adjustment Applicants. After or at the time an alien files for adjustment of status (I-485), the alien applicants may file an EAD application.
    For more information about Adjustment of Status, please click here.

  6. M-1 students seeking practical training after completing their studies.

  7. K-1 Nonimmigrant Fiance(e) of a US Citizen or a K-2 Dependent. Applicants can file an EAD application within 90 days from the date of entry.

    For more information about K visa issues, please click here
  1. Family Unity Program beneficiaries. If aliens have been granted status under this program, they may file an EAD application with a copy of the approval letter. For more information about Family Sponsored Immigration, please click here.

  2. L-2 visa holders

  3. Asylees (granted asylum)

  4. Asylum applicants (with a pending asylum application) who filed for asylum on or after January 4, 1995. If the applicant filed a Request for Asylum and for Withholding of Deportation on or after January 4, 1995, he/she must wait at least 150 days before he/she is eligible to apply for an EAD.  For more information about Asylum, please click here

  5. Refugees

  6. Those Paroled as a Refugee

For information about the Employment Authorization Document (EAD), please click on one of the following topics below:
Description
Who is eligible for an EAD?
Who does not need the EAD to be employed?
How to apply
Appeal after an application is denied
What is an Interim EAD?
What is the difference between an EAD and Labor Certification?
What are the necessary supporting documents to apply for an EAD?
EAD and a Pending I-485
How much are the attorney fee and the filing fee?
EAD Issues in the Latest Z&A Memo
Frequently asked questions and answers about EAD

 

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