EAD Category If 2nd Level review Required: List of additional documentation that may be required Conforming Eligible FHA Eligible VA (co-borrower) A1 Lawful Permanent Resident Permanent Resident Card Passport with I-551 stamp I-94 with I-551 stamp with photo of bearer Yes Yes Yes A2 Lawful Temporary Resident Valid passport, visa, and unexpired Form I-94 Yes Yes 2 nd Level Review A3 Refugee Form I-94 with refugee stamp I-94 with refugee stamp with Placement and Assurance Form Unexpired refugee travel document (I-571) Yes 2 nd Level Review 2 nd Level Review A4 A5 Paroled Refugee for one year or more Asylee (Granted Asylum) Form I-94 with refugee stamp I-94 with refugee stamp with Placement and Assurance Form Unexpired refugee travel document (I-571) Form I-94 with asylum stamp USCIS letter or Immigration Judge s decision granting asylum Yes 2 nd Level Review 2 nd Level Review A6 K-1 or K-2 fiancé(e)s of U.S. citizens Filed form I-485 and marriage certificate A7 N-8 or N-9 Parent or child of LPR special immigrant SK3, SN3, SK1, SK2, SK4, SN1, SN2 or SN4 A8 Citizen of Micronesia, Marshall Islands, or Palau Valid passport, (no visa) and unexpired I-94 w/annotation CFA/PAL or CFA/RMI or other indicating the Compact of Free Association /Palau Yes Yes Yes A9 K-3 or K-4 alien spouse of a U.S. citizen Valid passport, visa and/or unexpired I-94 Evidence of filed Form I-130
A10 3 Granted withholding of deportation or removal Order from immigration judge showing deportation withheld or cancellation of removal A11 Deferred Enforced Departure (Extended Voluntary Departure) N/A A12 Temporary Protected Status N/A A14 7 A15 LIFE Legalization (Section 1504 of the Legal Foreign national Spouse of LPR (V-1 visa) N/A A16 T-1 Nonimmigrant Visa N/A A17 A18 A19 4 Spouse of a E-1 or E-2 Treaty, Trader or Investor Spouse of an L-1 Intra Company Transferee U-1 Nonimmigrant Victim of Crime U-visa Valid Passport, visa, and unexpired I-94 E-1 Visa holder must be applicant Passport, visa, and unexpired I-94 L-1 Visa holder must be applicant U visa Approval Notice 2 nd Level Review No No A20 4 U-2, U-3, U-4 or U-5 Nonimmigrants Derivative relatives of U visa holder U visa Approval Notice U-1 Visa holder must be applicant 2 nd Level Review No No B9 5 Temporary worker or trainee (H-2A, H-2B or H-3 visa) N/A B11 Exchange visitor (J-1 visa) N/A B16 Religious worker (R visa) Form I-94 Arrival/Departure Record marked R-1 or R-2 Foreign passport containing non-immigrant visa marked R-1 or R-2 R-1 Visa holder must be applicant 2 nd Level Review 2 nd Level Review Yes
C1 C2 C3A C3B C3C C3(ii) C3(iii) C4 C5 C6 C7 6 Dependent of foreign government official (A-1 or A-2 visa) Spouse or minor child of an employee of the Coordination Council for North American Affairs (E-1 visa) TECRO F-1 Visa Nonimmigrant, Pre- Completion Optional Practical Training F-1 Nonimmigrant, Post- Completion Optional Practical Training F-1 Nonimmigrant, 17- month extension for STEM Students F-1 Nonimmigrant, Student, Off Campus Employment Sponsor by a Qualifying International Organization F-1 Nonimmigrant, Student, Off Campus Employment Due to Severe Economic Hardship Dependent of employee of international organization (G-1, G-3, and G-4 visa) J-2 Spouse or Child of J-1 Nonimmigrant Foreign Student (M-1 visa) Dependent of NATO-1 through NATO-6 EAD Category Job Aid Passport, visa, and I-94 with D/S Yes Yes Yes Passport, visa, and unexpired I-94 Passport, visa, 1-94 with SEVIS 1-20 stating OPT requested Yes No No N/A N/A N/A N/A Passport, visa, and I-94 Yes Yes Yes Passport, visa, I-94 with DS-2019 currently dated Passport, M visa, I-94 with SEVIS I-20 where PT has been requested Passport, visa, and unexpired I-94
C8 Asylum Application Pending filed before January 4, 1995 and applicant is not in exclusion/deportation proceedings Asylum pending but not approved. Application for asylum with documentation from USCIS or U.S Immigration Court *see A5 C97 Pending Adjustment of Status with case type I-485 Yes Yes Yes C10 NACARA Section 203 Applicants who are eligible to Apply for NACARA relief with with case type I-485 or I-797 with case type I-881 Nacare (I-485 should be present in the body of the document) Yes Yes Yes C11 8 Public Interest Parolee Passport, visa, and unexpired 1-94 C14 Deferred Action N/A C16 Creation of Record (Adjustment Based on Continuous Residence since January 1, 1972) C17i B-1 Domestic of a Nonimmigrant C17ii B-1 Domestic of a USC C17iii Employee of a Foreign Airline C18 9 Order of Supervision, with employment authorization N/A C19 Temporary Treatment Benefits Based on 8 CFR 244.5 (Extension of TPS) C19 appears on EADs issued while the initial Form I-821 is pending approval or denial; receiving a C19 EAD does not mean that an applicant has been granted TPS. Category A12 appears on EADs after initial Form I-821 has been approved.
C20 Applicant for Special Agricultural Worker Legalization under Section 210 EAD with 274a.12.(c)(20) or C20 Yes Yes Yes C21 S-5, S-6, or S-7 Informant/Witness A law enforcement agency may submit an application for permanent residence (a green card) on behalf of a witness or informant when the individual has completed the terms and conditions of his or her S classification. C23 Irish Peace Process (Q-2); cultural visitor Valid passport, visa, and unexpired 1-94 1-797 This category allows nonimmigrants to come to the United States for up to 15 months to participate in international cultural exchange programs C24 Applicant for adjustment under the LIFE Act C25 Immediate Family Member of T-1 Trafficking Victim (T-2, T-3, T-4) Passport, visa, and unexpired 1-94 1-797 Approval notice for "T" status C31 Qualified Domestic Violence Survivor Must provide Form I-797 Notice of Action referencing pending I-130 or I-360 C33 Any Other Code Deferred Action for Childhood Arrivals (DACA/Dream Act) N/A Required documentation may vary 1. Parole: I-766 annotated A4 or C11 indicates status as a parolee but does not reflect the length of the parole period. If the individual cannot provide Form I-94, contact DHS in accordance with SI 00502.115D.3.to verify status and length of the parole period before adjudication. A person who does not meet the technical requirements for a visa or is inadmissible may be permitted to enter the United States on humanitarian parole for a temporary period of time, which includes a person who has been previously removed from the U.S.[1] Humanitarian parole is granted on a case-by-case basis at the discretion of the Secretary of the U.S. Department of Homeland Security.[2] Another use related to immigration is advance parole,[3] in which a person who already legally resides in the U.S. needs to leave temporarily and return without a visa. This typically occurs when a person's application to adjust status to permanent residency (to obtain a green card) is pending and the person must leave the U.S. for emergency or business reasons. It is also used for a temporary travel of those who received deferred action status by the USCIS
2. NATO: N-8 Parent or surviving spouse of an Alien Classified SK3 or SN3 Special Immigrant NATO staff members, attendants, servants or personal employees of NATO personnel may engage in study while maintaining valid visa status. SK3 Certain Unmarried Son or Daughter of International Organization Employee SN3 Certain unmarried sons or daughters of NATO 6 civilian employees N-9 Child of N-8, SK-1, SK-2 or SK-4. Dependents are eligible to apply for work permit through the USCIS and must be issued EAD card. Employer must re-verify after expiration date of the EAD card. SK1 Certain Retired International Organization Employees SK2 Spouse of SK1 SK4 Certain Surviving Spouses of Deceased International Organization Employee 3. Asylum only: Generally, people who win withholding of removal have the right to remain and work in the U.S., but not travel. Furthermore, if borrowers have been in the United States illegally, then he/she may be subject to a bar to admission if they depart the United States, even if they have been issued a travel document. Additionally, the borrower s status may be terminated if he/she return to the country from which he/she were seeking protection. Withholding of removal provides a narrower scope of relief than asylum does. Specifically: -it is country-specific; borrower will not be removed to the particular country (or countries) where borrower is more likely than not to be persecuted, but can be removed to a safe third country -it is person-specific; borrower s spouse and children will not receive withholding derivatively even if borrower obtain it (though the immigration judge can separately grant it to each one if they file their own I-589 applications for asylum) -it does not automatically allow borrower to apply for a green card (that is, adjust to become a legal permanent resident) or to later naturalize as a citizen -- borrower cannot travel outside the United States or you will be barred from returning, and -it does not entitle the borrower to many benefits available to asylees (for example, borrower can work only if you maintain a valid employment-authorization document). The U.S. government may terminate the withholding. The Department of Homeland Security may reopen the case if conditions in the country (or countries) to which the borrower was not be removed change so that he/she no longer qualify for this form of relief. 4. Victim of crime assisting law enforcement. Must provide evidence of U-Visa approval. Petitioners placed on the waiting list will be granted deferred action and are eligible to apply for work authorization while waiting for additional U visas to become available. 5. Only H-1 (includes H-1B and H-1C), Temporary Worker. B9 EAD category as often issued to: -H2A: seasonal/temporary work visa for agricultural workers with a job offer -H2B Visa - seasonal/temporary work visa for hospitality and tourist industry worker -H-3 trainee, his classification is not intended for U.S. employment 6. Must apply for Legal Permanent (LPR) status. Must present documentation mentioned in item 7 (below). 7. Must present Confirmation that the borrower has submitted an application for extension of visa or application for a green card. Documentation includes, but is not limited to: o USCIS Form I-797 (issued when an application or petition is approved). o USCIS Form I-797C or I-797E (must not state that the application has been declined). o Application for extension of current visa (USCIS Form I-539 or equivalent) or copy of application for green card (USCIS Form I-485 or equivalent) and electronic verification of receipt from the USCIS web site. o If the borrower is sponsored by the employer, the employer may verify that they are sponsoring the visa renewal. 8. A public interest parolee is someone who is paroled into the U.S. either indefinitely or for a specific time period (if the time period is less than one year, borrower is ineligible). Parolees must be eligible to adjust to lawful permanent residence after one year in the U.S and must present evidence of approved adjustment of status. See item #7. 9. Immigrants who are released on an Order of Supervision : this generally applies to people with a deportation or removal order, sometimes issued in their absence, who do not leave and are discovered and arrested by immigration. The ERO decides to issue an Order of Supervision to these immigrants for some humanitarian reason, e.g. they are a nursing mother, or the sole supporter of U.S. citizen children. Under an Order of Supervision, a person has the obligation to report to the ERO office every few months. Often, he/she is told to return at the next appointment with a valid passport and plane ticket for departure by a certain deadline.