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Work Authorization Categories
Hiring a foreign worker means applying for some type of visa. These visas provide for restricted employment, i.e., employment that is restricted to a specific employer.
Employment is available to: Foreign nationals granted employer-specific employment-based classifications, including A-1, A-2, and A-3, C-2 and C-3, E-1 and E-2, F-1 (for on campus employment and curricular practical training only, and only if presented with Form I-20 endorsed for the specific employment), G-1, G-2, G-3, G-4 and G-5, H-1b, H-1c, H-2a, H-2b, and H-3, I, J-1, L-1a and L-1b, O-1 and O-2, P-1, P-2 and P-3, Q, R-1, NATO, TN-1, and N - 2.
Foreign nationals authorized for employment with a specific employer based on status. These aliens are not required to obtain an EAD from USCIS as evidence of work authorization. In general these aliens are beneficiaries of nonimmigrant petitions submitted by specific employers to USCIS.
Nonimmigrant Visa Categories Indicating Employment Eligibility and Period and Extensions of Stay
| Class | Class & Description | Initial Stay/Extension of Stay | Employment Eligibility |
| B-1 | Temporary Visitor for Business | Initial stay is usually 6 months, maximum is 12 months. B visa may be extended in DHS discretion. VWP entry is limited to 3 months. | Not eligible for employment |
| B-2 | Temporary Visitor for Pleasure | Not eligible for employment | |
| E-1 | Treaty Trader and employees, spouse, and children. | Initial: Two (2) years EOS: Up to 2 years per extension. No maximum number of extensions, with some exceptions. |
Employer-specific; Spouses in same classification are eligible for EAD incident to status; children are not eligible for employment. |
| E-2 | Treaty Investor and employees, spouse, and children | Initial: Two (2) years EOS: Up to 2 years per extension. No maximum number of extensions, with some exceptions. |
Employer-specific; Spouses in same classification are eligible for EAD incident to status; children are not eligible for employment. |
| E-3 | Treaty Professional Visa for Australian Nationals | Same as validity of labor certification, not to exceed 2 years. EOS: yes | Employer-specific; requires a job offer in a specialty occupation. Spouse may apply for EAD with any employer. |
| F-1 | Academic Student (except Border Commuters from Canada or Mexico, see below) |
D/Sâ??Duration of Stay *must remain a student in good standing or in an authorized period of OPT |
Eligible for on campus employment and curricular practical training incident to status (no separate EAD necessary). Must apply for employment authorization for optional practical training or to work off-campus. |
| F-2 | Spouse or child of F-1 | Same as principal | Not eligible for employment |
| H-1B | Alien in Specialty Occupation (profession) | Initial: Same as validity of labor certification, not to exceed 3 years. EOS: Increment of up to 3 years. Total stay limited to 6 years. |
Employer-specific |
| H-1C | Registered Nurse serving in underserved area | Initial: Same as validity of labor certification, not to exceed 3 years. EOS:Â No extension. |
Employer-specific |
| H-2A | Temporary worker performing Agricultural Services unavailable in the United States | Initial Stay:Â Same as validity of labor certification, with maximum of 1 year. EOS:Â Same as validity of labor certification (increments of up to 1 year). Total stay limited to 3 years. |
Employer-specific |
| H-4 | H visa spouse or dependent | Same as principal | Not eligible for employment |
| L-1A | Intracompany transfereeâ??Executive or Manager | Initial:Â Coming to existing office-up to 3 years. Coming to new office-up to 1 year. EOS: Increments of up to 2 years. Total stay limited to 7 years. |
Employer-specific |
| L-1B | Intracompany transfereeâ??Specialized knowledge employee | Initial:Â Coming to existing office-up to 3 years. Coming to new office-up to 1 year. EOS: Increments of up to 2 years. Total stay limited to 7 years. One increment of up to 2 years. Total stay limited to 5 years. |
Employer- specific |
| O-1, O-2 | Extraordinary Ability | Initial:Â Up to 3 years EOS: Increments of up to 1 year. |
Employer-specific; may work for more than one employer, providing employer filed an O Visa petition |
| P-1, P-2, P-3 | Athletes and Entertainers | Initial:Â Individual athlete-up to 5 years. Athletic groups and Entertainment groups-up to 1 year. EOS: Individual athlete-Increments of up to 5 years. Total stay limited to 10 years. Athletic groups and entertainment groups-Increments of 1 year. |
Employer-specific; may work for more than one employer, providing employer filed an O Visa petition |
| TN | NAFTA-Canadian or Mexican Professional Worker | Up to one year initial stay. EOS in 1-year increments | Employer-specific |
| TD | TN spouse or dependent | Same as principal | Not eligible for employment |
