U.S. employers must check to make sure all employees, regardless of citizenship or national origin, are allowed to work in the United States. If you are not a citizen or a lawful permanent resident, you may need to prove that you can work in the United States by presenting an Employment Authorization Document (Form I-766/EAD). You may apply for an EAD if you are eligible.
USCIS issues the following types of EADs:
Note: In addition, certain B-1 nonimmigrant visitors are issued EADs.
Form I-765 CategoryForm I-765, Application for Employment Authorization, asks for your eligibility category. It is important that you write the correct eligibility category on your application.
Please see the Form I-765 instructions (PDF, 751.24 KB) for a complete list of eligibility categories. You may also find eligibility categories in section 274a.12, title 8 of the Code of Federal Regulations.
| Form I-765 Category | Description |
|---|---|
| (a)(2) | Lawful temporary resident |
| (a)(3) | Refugee |
| (a)(4) | Paroled refugee |
| (a)(5) | Asylee |
| (a)(6) | Fiancé(e) (K-1 or K-2 nonimmigrant) |
| (a)(7) | N-8 or N-9 |
| (a)(8) | Citizen of Micronesia, Marshall Islands, or Palau |
| (a)(9) | K-3 or K-4 |
| (a)(10) | Withholding of deportation or removal granted |
| (a)(11) | Deferred Enforced Departure |
| (a)(12) | Temporary Protected Status granted |
| (a)(13) | Family Unity Program (Section 301 of the Immigration Act of 1990) |
| (a)(14) | LIFE Legalization (Section 1504 of the Legal Immigrant Family Equity (LIFE) Act Amendments) |
| (a)(15) | V visa nonimmigrant |
| (a)(16) | T-1 nonimmigrant |
| (a)(17) | Spouse of an E nonimmigrant |
| (a)(18) | Spouse of an L nonimmigrant |
| (a)(19) | U-1 nonimmigrant |
| (a)(20) | U-2, U-3, U-4, or U-5 nonimmigrant |
| (c)(1) | Spouse/dependent of A-1 or A-2 visa nonimmigrant |
| (c)(2) | Spouse/dependent of Coordination Council for North American Affairs (E‑1)/ Taipei Economic and Cultural Representative Office (TECRO) |
| (c)(3)(A) | F-1 student, pre-completion Optional Practical Training |
| (c)(3)(B) | F-1 student, post-completion Optional Practical Training |
| (c)(3)(C) | F-1 student, 24-month extension for STEM students |
| (c)(3)(ii) | F-1 student, off-campus employment sponsored by a qualifying international organization |
| (c)(3)(iii) | F-1 student, off-campus employment due to severe economic hardship |
| (c)(4) | Spouse/dependent of G-1, G-3, or G-4 |
| (c)(5) | J-2 spouse or child of J-1 exchange visitor |
| (c)(6) | M-1 student, Practical Training |
| (c)(7) | Dependent of NATO-1 through NATO-6 |
| (c)(8) | Asylum application pending filed on/after Jan. 4, 1995 |
| (c)(8) | Asylum application pending filed before Jan. 4, 1995 and applicant is not in exclusion/deportation proceedings |
| (c)(8) | Asylum application pending filed before Jan. 4, 1995 and applicant is in exclusion/deportation proceedings |
| (c)(8) | Asylum application under ABC Agreement |
| (c)(9) | Pending adjustment of status under Section 245 of the Act |
| (c)(10) | Suspension of deportation applicants (filed before April 1, 1997) Cancellation of Removal applicants Cancellation applicants under NACARA |
| (c)(11) | Public Interest parolee |
| (c)(12) | Spouse of an E-2 CNMI investor |
| (c)(14) | Deferred action |
| (c)(15) | Not in use |
| (c)(16) | Creation of record (adjustment based on continuous residence since Jan. 1, 1972) |
| (c)(17)(i) | B-1 domestic servant of certain nonimmigrants |
| (c)(17)(ii) | B-1 domestic servant of certain U.S. citizens who are in the United States on a temporary basis. |
| (c)(17)(iii) | Certain B-1 nonimmigrant employees of a foreign airline |
| (c)(18) | Order of supervision |
| (c)(19) | Certain pending TPS applicants whom USCIS has determined are prima facie eligible for TPS and who may then receive an EAD as a ”temporary treatment benefit” under 8 C.F.R. 244.10(a). |
| (c)(20) | Section 210 legalization (pending I-700) |
| (c)(21) | S visa nonimmigrant |
| (c)(22) | Section 245A legalization (pending I-687) |
| (c)(23) | Irish peace process (Q-2) |
| (c)(24) | LIFE legalization |
| (c)(25) | T-2, T-3, T-4, T-5, or T-6 nonimmigrant |
| (c)(26) | Spouse of an H-1B nonimmigrant |
| (c)(31) | VAWA self-petitioners with an approved Form I-360 |
| (c)(33) | Consideration of Deferred Action for Childhood Arrivals (DACA) |
| (c)(35) | Principal beneficiary of an approved employment-based immigrant petition facing compelling circumstances |
| (c)(36) | Spouse or unmarried child of a principal beneficiary of an approved employment-based immigrant petition facing compelling circumstances |
Form I-765V, Application for Employment Authorization for Abused Nonimmigrant Spouse, asks for your eligibility category. It is important that you write the correct eligibility category on your application.
Please see the Form I-765V instructions (PDF, 252.41 KB) for a complete list of eligibility categories. You may also find eligibility categories in section 274a.12, title 8 of the Code of Federal Regulations.
| Form I-765V Category | Description |
|---|---|
| (c)(27) | Abused spouse of an A nonimmigrant |
| (c)(28) | Abused spouse of an E-3 nonimmigrant |
| (c)(29) | Abused spouse of a G nonimmigrant |
| (c)(30) | Abused spouse of an H nonimmigrant |
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