Who Does Not Need an Employment Authorization Document to be Employed?
An EAD is not necessary for all aliens who wish to work while present in the United States. For aliens who enter the U.S. on certain visas, the only requirement necessary for employment is Form I-94, which authorizes their employment eligibility. Aliens who are authorized by status for employment with specific employers include (but are not limited to):
- A temporary worker or trainee (H-1, H-2A, H-2B, or H-3) employed only by the petitioner through whom the status was obtained;
- An exchange visitor (J-1) employed only by the exchange visitor program sponsor or appropriate designee and within the guidelines of the program approved by the United States Information Agency or the U.S. Department of State as set forth in the Certificate of Eligibility (Form IAP-66) issued by the program sponsor;
- An intra-company transferee (L-1) employed only by the petitioner through whom the status was obtained;
- A nonimmigrant (F-1) student who is in valid nonimmigrant student status and is seeking:
- On-campus employment for not more than twenty hours per week when school is in session or full-time employment when school is not in session if the student intends and is eligible to register for the next term or session. Part-time on-campus employment is authorized by the school and no specific endorsement by a school official or an immigration officer is necessary;
- Part-time off-campus employment authorization based on an approved attestation from the employer and who presents Form I-20 endorsed by the designated school official; or
- Curricular practical training (internships, cooperative training programs, or work-study programs which are part of an established curriculum) after having been enrolled full-time in an approved institution for at least nine months. If curricular practical training (part-time or full time) is authorized by the Designated School Official on the student’s Form I-20, no USCIS endorsement is necessary.
- An alien having extraordinary ability in the sciences, arts, education, business, or athletics (O-1), and an accompanying alien (O-2). NOTE: O-2 status should not be confused with O-3 status applicable to the dependents of O-1 or O-2 aliens;
- A nonimmigrant treaty trader (E-1) or treaty investor (E-2) employed only by the treaty-qualifying company through which the alien attained the status;
- A foreign government official (A-1 or A-2) employed only by the foreign government entity; An employee of a foreign government official (A-3) employed only by the foreign government official;
- A foreign government official in transit (C-2 or C-3) employed only by the foreign government entity;
- A representative of an international organization (G-1, G-2, G-3, or G-4) employed only by the foreign government entity or the international organization;
- An information media representative (I) employed only for the sponsoring foreign news agency or bureau;
- An athlete, artist, or entertainer (P-1, P-2, or P-3) employed only by the petitioner through whom the status was obtained;
- An international cultural exchange visitor (Q-1) employed by the petitioner through whom the status was obtained; and
U.S. Citizens and Permanent Residents of the U.S. If you are a lawful permanent resident or a conditional permanent resident, you do not need an EAD. Your Alien Registration Card (Green Card) proves that you may work in the U.S.