Who is Eligible to Apply for an Employment Authorization Document (EAD)?
The general categories of aliens that may apply for an EAD include (but are not limited to):
- F-1 student seeking Optional Practical Training (OPT) in an occupation directly related to his/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;
- F-1 students offered off-campus employment under the sponsorship of a qualifying international organization;
- 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;
- 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;
- Adjustment Applicants. After or at the time an alien files for adjustment of status (I-485), the alien applicants may file an EAD application;
- M-1 students seeking practical training after completing their studies;
- K-1 Nonimmigrant Fiancé/Fiancée of a US Citizen or a K-2 Dependent. Applicants can file an EAD application within 90 days from the date of entry;
- 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;
- L-2 visa holders;
- Asylees (Aliens who have been granted asylum);
- 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;
- Refugees; and
- Those Paroled as a Refugee