TN 30 (04-03)

RM 00203.500 Employment Authorization for Nonimmigrants

IMPORTANT: EM-00032 affects this section. See AO 49905.032. EM-00154, which obsoletes EM-00009, affects this section and is in AO 49905.154. In addition, EM-01061 is in AO 49906.061and affects this section.

A. INTRODUCTION

INS determines whether an alien can work in employment/self-employment in the U.S. Under certain circumstances, INS gives nonimmigrants permission to work. Some aliens have employment authorization by virtue of their alien classification. Others must apply for employment authorization. Still others are not allowed to work while in the U.S.

B. POLICY - EVIDENCE OF EMPLOYMENT AUTHORIZATION

Required evidence for employment authorization is shown below. DO NOT process an application for an SSN card for an alien for work purposes unless the alien is authorized to work and shows the appropriate INS document authorizing work.

1. General - Evidence of Employment Authorization

a. Acceptable Documents

Employment authorization for nonimmigrants can be determined by:

  • the alien’s classification as shown on the I-94 (see the alien classifications in RM 00203.500C.1.); or

  • the “employment authorization” annotation on the I-94 for a refugee (RM 00203.460B.1.); or

  • the designated school official’s annotation on Form I-20 ID for certain F-1s; or

  • the IAP-66/sponsor letter for J-1s; or

  • the INS Employment Authorization Document (EAD).

NOTE: The documents listed above are the only documents which FOs may accept as evidence of employment authorization.

See RM 00203.500C. for a description of the nonimmigrant classifications and how to determine employment authorization.

b. Description of Employment Authorization

Each employment authorization issued by INS on Form I-94 or EAD should contain all of the following:

  • A statement of any regulatory limits on the time elements involved and a definite date as to when employment begins and ends (not indefinite).

  • A statement of any regulatory limits on the type of employment authorized (as for example in F-1 and M-1 cases) or the statement “WITHOUT FURTHER LIMITATION,” if no such regulatory limits exist.

  • The date of action and the office three-letter identifying code or the identifying number of the officer authorizing employment.

REMINDER: Any INS document which does not conform to the criteria above is not acceptable.

2. Form I-688B, Employment Authorization Document (EAD)

a. General

INS issues EADs to all aliens regardless of age with work authorization except for lawful permanent residents, legalization aliens with I-688s, and those nonimmigrant aliens whose work authorization is incident to their class of admission.

The I-688B is a standardized and uniform document which provides evidence of authorization for the alien to accept temporary employment in the U.S. It replaces the “employment authorized” stamp previously placed on other INS documents issued to nonimmigrants.

b. Description

The I-688B is a laminated card. The front contains the alien’s photograph, fingerprint (or “W” for waived in lieu of the fingerprint), signature, biographic information (name, date of birth), the provision of law, any restrictions as to type or length of employment authorization, and the date and place of issue. The issuing office’s location code is on the right side of the photo box, comprised of four letters which reflect the District or POE code and the specific workstation at that location.

The reverse side contains a preprinted legend and the outlines of the continental U.S., Alaska and Hawaii.

The I-688B should not be confused with the documents which were issued to aliens who applied for legalization. The Administrative-Confidential Memorandum gives a more complete description and the INS booklet, “What Color Is Your Green Card?", shows a color facsimile of the I-688B.

c. Exhibit - Form I-688B

Front

G-RM_00203.500B-1

Printer Friendly Version

Reverse

G-RM_00203.500B-2

Printer Friendly Version

C. POLICY - EMPLOYMENT AUTHORIZATION BY CLASS OF ADMISSION

The following policy applies to employment authorization by class of admission.

1. Aliens Work Authorized Without Specific INS Authorization

The following lists nonimmigrants, by alien classification, who are authorized to work in the U.S. without specific authorization from INS. The alien’s I-94 will not have the INS employment authorization stamp and the alien will not have an EAD.

For those with an asterisk, the principal alien, spouse, and child all have the same visa symbol.

FO: Ask the alien which he/she is and see RM00203.500C.2. and RM 00203.500C.3. if the alien is the 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

E-2*

Treaty investor

F-1

Academic student - for on-campus employment, and DSO authorized off-campus practical training. (See RM 00203.470)

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-1C

Registered nurse

H-2A

Agricultural worker

H-2B

Non-agrarian seasonal worker

H-3

Trainee

I*

Foreign information media representative

J-1

Exchange visitor (pursuant to an approved program) (See RM 00203.480)

K-1

Fiance(e) of U.S. citizen

L-1

Intracompany transferee

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) (provision of law: 274a.12(a)(3))

Asylee

Asylee under 208 of the INA (provision of law: 274a.12(a)(5) for grantee or 274a.12(c)(8) for applicant)

2. Aliens Who Require an EAD From INS Authorizing Employment

The following lists nonimmigrants, by alien classification, who are authorized to work with authorization from INS. Employment authorization must be shown on an EAD.

EXCEPTION: Employment authorization may be shown on the I-94 for a refugee, on Form I-20 ID for an F-1, or on a sponsor’s letter for a J-1.

 

Class of Admission

Description

A-1, A-2

Spouse or child of principal A-1, A-2 alien (provision of law: 274a.12(c)(1))

B-1

Visitor for business who is:

 

  • A personal or domestic servant accompanying or following a employer admitted to the U.S. as a nonimmigrant (provision of the law: 274a.12(c)(17)(i))

  • A domestic servant accompanying or following a U.S. citizen employer (the employer has a permanent home or is stationed in a foreign country and is temporarily in the U.S.) (provision of the law: 274a.12(c)(17)(ii))

  • An employee of a foreign airline and the employee is not a national of the country of the airline’s nationality (provision of the law: 274a.12(c)(17)(iii))

NOTE: The instructions in section C.3. apply if the B-1 alien is not authorized to work under one of the above situations.

E-1

  • Spouse or child of principal E-1.

  • Spouse of treaty trader

E-2

Spouse of treaty investor

F-1

Academic student - for employment while F-1 is pursuing a full course of study or authorized optional practical training (provision of law: optional practical training -274a.12(c)(3)(i); employment with an international organization -274a.12(c)(3)(ii); economic hardship - 274a.12(c)(3)(iii))

G-1, G-3, G-4

Spouse or child of principal G-1, G-3, G-4, alien (provision of law: 274a.12(c)(4))

J-2

Spouse or dependent child of J-1 alien (provision of law: 274a.12(c)(5))

K-2

Child of K-1 (provision of law: 274a.12(a)(6))

K-3

Spouse of U.S. Citizen (provision of law: 274a.12(a) (6))

K-4

Child of K-3 (provisions of law: 274a.12(a))

L-2

Spouse of L-1 intra-company transferees

M-1

Nonacademic student - for practical training (provision of law: 274a.12(c)(6))

NATO - 1 through 7

Spouse or child of principal NATO - 1 through 7 alien (provision of law: 274a.12(c)(7))

N-8

Parent of alien granted permanent residence (provision of law: 274a.12(a)(7))

N-9

Child of alien granted permanent residence (provision of law: 274a.12(a)(7))

S-5

Alien supplying critical information relating to a criminal organization or enterprise (provision of law: 274a.12(c)(21))

S-6

Alien supplying critical information relating to a counter terrorism matter (provision of law: 274a.12(c)(21))

S-7

Spouse or child of S-5 or S-6 alien (provision of law: 274a.12(c)(21))

T-1

Victim of severe form of trafficking

T-2

Spouse of victim of severe form of trafficking

T-3

Child of victim of severe form of trafficking

T-4

Parent of victim of severe form of trafficking

V-1

Spouse of a permanent resident

V-2

Child of a permanent resident

V-3

Parent of a permanent resident

Parolee

Alien paroled temporarily into the U.S. (provision of law: 274a.12(a)(4) or 274a.12(c)(11))

Adjustment applicant

  • Applicant for adjustment to permanent resident alien under section 245 of INA (provision of law: 274a.12(c)(9))

  • Applicant for creation of a record of lawful admission for permanent residence pursuant to section 249 of the INA (provision of law: 274a.12(c)(16))

Family Unity
Program Alien

Alien granted voluntary departure under the Family Unity Program (provision of law: 274a.12(a)(13))

Temporary Protected Status alien

  • Alien granted Temporary Protected Status pursuant to section 244A of the INA (provision of law: 274a.12(a)(12))

  • Applicant for Temporary Protected Status pursuant to section 244A of the INA (provision of law: 274a.12(c)(19))

Deportable Alien

  • Alien granted withholding of deportation pursuant to section 243(h) of INA (provision of law: 274a.12(a)(10));

  • Alien granted extended voluntary departure (provision of law: 274a.12(a)(11));

  • Applicant for suspension of deportation pursuant to section 244 of the INA (provision of law: 274a.12(c)(10));

  • Alien granted voluntary departure (provision of law: 274a.12(c)(12));

  • Alien granted deferred action (provision of law: 274a.12(c)(14))

  • Alien for whom there is a final order of deportation and who is released on an order of supervision pursuant to section 242(d) of the INA (provision of law: 274a.12(c)(18))

3. Aliens Who Are Not Authorized To Work In The U.S.

The following temporary nonimmigrants are not authorized to work in the U.S.

NOTE: If the alien presents an I-94 showing employment authorization or an EAD, it should always be verified by INS.

Class of Admission

Description

A-3

Spouse or child of principal A-3 alien

B-1

Visitor for business (see section C.2. above if the B-1 alien alleges employment as a personal or domestic servant or employee of a foreign airline)

B-2

Visitor for pleasure

C-1

Alien in transit through the U.S.

C-2

Alien in transit to UN headquarters

C-3

Attendant, servant, other personal employee, spouse or child of principal C-3 alien

D-1, D-2

Crew member

E-1

Spouse or child of principal E-1 alien who is not an employee of the Coordination Council for North American Affairs

  

F-2

Spouse or child of F-1 alien

G-2, G-5

Spouse or child of principal G-2 or G-5 alien

H-4

Spouse or child of H-1A, H-1B, H-2A, H-2B, or H-3 alien

I

Spouse or child of principal I alien

  

M-2

Spouse or child of M-1 alien

O-3

Spouse or child of O-1 or O-2 alien

P-4

Spouse or child of P-1, P-2, or P-3 alien

Q-3

Spouse or child of Q-2

R-2

Spouse or child of R-1 alien

TD

Spouse or child of TN alien

WB

Visitor for business from a visa waiver country

WT

Tourist from a visa waiver country




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RM 00203.500 - Employment Authorization for Nonimmigrants - 06/19/2003

All original materials on this website (www.asawa.org, www.filipinawives.com) are copyrighted by the author, Bob Lingerfelt, 1997 -2007  with materials on file at the U.S. Copyright Office.  No reproduction is authorized, in any form, without express permission of the author.

Home 

Disclaimers

Introduction

FAQ

The ASAWA Guide

Correspondence Service Advice

Links

 

 

 

 

 

 

What is the #1 financial mistake of men who are new to Fil-West relationships?  They call the Philippines using their regular long distance carrier! 

Don't do it!  Please visit SpeedyPin, one of ASAWA's primary sponsors.  As most Fil-West couples already know, using a phone card can save you a lot  of money! 

 

Section I: Pre-Relationship Education

 

Fun Trivia About The Philippines

Philippine History In A Nutshell 

Religion

What's In A Name?

A List of Famous Filipinas

The American Romance

The "Average" Fil-West Couple

So You Want To Marry A Filipina

So You STILL Want To Marry…

Heaven Or Hell?

Mail Order Brides Fact & Fiction 

Correspondence Services

Legal Concerns

Age Differences

The Attack On Feminism

A Shortage Of Filipino Males?  

The Problem With Submission

City Vs. Province

Questions For Her

Questions For Him

Suggested Books

Midnight Sunshine, a novel

A Long Way to Go for a Date

Recommended Movies

 

Section II: Courtship

 

Your Travel Budget

Flying to the Philippines

What To Take To The Philippines

Travel Tips

Philippines Travel Guide

Ninoy Aquino Int'l Airport

Security In The Philippines

Recommended Hotels

Social Situations

Learning To Communicate

Sex And Virginity

The Visitor's Visa

 

Section III: 

Engagement/

Marriage                       

                      

Taking Your Relationship Public

Expenses

Prenuptials

Annulments

So You Want an Annulment?

Wedding Costs In The Philippines

Marriage - Where and How

A Filipina Abandoned

"Separate But Equal"?

 

Section IV:

Immigration

 

Immigration Pointers

Proof Of Your Relationship

The Marriage Application

Fiancée Visa (K-1)

Spousal Visa (IR-1)

K1 & K3 Procedures

Evidence of Non-Immigrant Status (SSN)

Employment Authorization for Immigrants

St. Luke's Clinic

Immigration Numbers And Addresses

Minimum Income Requirements

 

Section V: 

Lifetime Issues

 

Health And Dental Issues

Filipina Transitions

Superstitions

Dealing With Intolerance

Tampo

Financial Support Of Relatives  

Sources of Conflict

Appendix:

 

Immigration Forms

Statistics

CIA Fact Sheet On The Philippines 

Map Of The Philippines

Electricity

Currency

Holidays

Name Structure

How To Send Money

How To Send Mail And Packages

Republic Act No. 6955

Family Code Of The Philippines

Terms And Acronyms

Filipino Communities

 

Guest Articles:

 

John's Story

Maligaya Means It

You May Be  Married to a Filipina if…

Imee

Weddings in the Philippines

The TownHouse Hotel, Manila