| NON IMMIGRANT CLASSIFICATION EMPLOYMENT ELIGIBILITY AND REFERENCE GUIDE
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INTRODUCTION. The facilitation and promotion of international travel and the entry of people from all over the world to the United States for cultural, social, and economic reasons are integral parts of U.S.domestic and foreign policies.
Each year,the United States welcomes visitors for a variety of reasons and purposes.These visitors are called nonimmigrants.
Over the years, several nonimmigrant visa categories have been created to better accommodate the reasons people come to the United States. Categories of nonimmigrants include foreign government officials, representatives of international organizations,tourist, temporary workers. foreign athletes and artists, students, cultural exchange visitors,
religious workers, foreign media representatives, Treaty traders, treaty investors, and professional workers admitted under the North American Free Trade Agreement and other trade agreements
Some nonimmigrant categories facilitate the entry of non-citizen family members. This includes
family members of U.S. citizens and legal permanent residents to minimize family separations
while their applications for permanent residence are processed. It also includes the admission
of the spouses and children of the principal nonimmigrant for many nonimmigrant categories. Admittance to the United States as a nonimmigrant is intended to be for temporary visits only.
However, some nonimmigrants are permitted to change to a different non immigrant status or,
in some cases, to permanent resident status. Below is a list of the various non immigrant catergories
| CLASS | CLASSIFICATION DESCRIPTION | | EMPLOYMENT ELIGIBILITY | | A-1 | Ambassador, public minister, career, diplomatic or consular officer, and immediate family. | | Employer-specific; Certain dependents from countries with special bilateral agreements3 are eligible for EAD incident to status; other dependents must apply for employment authorization. | | A-2 | Other foreign government official or employee and immediate family. | | Employer-specific; Certain dependents from countries with special bilateral agreements are eligible for EAD incident to status; other dependents must apply for employment authorization. | | A-3 | Personal employee of A-1, A-2, and immediate family. | | Employer-specific; Dependents are not eligible for employment. | | B-1 | Temporary Visitor for Business | | Not eligible for employment, except servants of holders of B, E, F, H, I, J, L, NAFTA visas or a U. S. citizen residing in a foreign country and certain employees of airlines not eligible for E-1 status. Such servants must apply for employment authorization | | B-2 | Temporary Visitor for Pleasure | | Not eligible for employment | | C-1 | Alien in transit directly through U.S. | | Not eligible for employment | | C-2 | Alien in transit to United Nations Headquarters. | | Employer-specific | | C-3 | Foreign government official, immediate family, or personal employee in transit | | Employer-specific | | C-4 | Transit without visa (see also TWOV) | | Not eligible for employment |
| D-1 | | Crewmember | | Employer-specific | | D-2 | | Crewmember departing by means other than arriving vessel. | | Employer-specific | | E-1 | | Treaty Trader and employees, spouse, and children. | | Employer-specific; Spouses in same classification are eligible for EAD incident to status; children are not eligible for employment, except unmarried dependent children of E-1 employees of the Coordination Council for North American Affairs who may apply for employment authorization. | | E-2 | | Treaty Investor and employees, spouse, and children. | | Employer-specific; Spouses in same classification are eligible for EAD incident to status; children are not eligible for employment. | | F-1 | | Academic Student (except Border Commuters from Canada or Mexico, see below) | | 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-1/F-3 | | Border Commuter Academic Students from Canada and Mexico | | Must apply for employment authorization for curricular practical training or post-completion optional practical training. | | F-2 | | Spouse or child of F-1 | | Not eligible for employment. | | G-1 | | Principal resident representative of recognized foreign member government to international organization, staff, and immediate family. | | Employer-specific; Certain dependents from countries with special bilateral agreements must apply for employment authorization. | | G-2 | | Other representative of recognized foreign member government to international organization, and immediate family. | | Employer-specific; Dependents are not eligible for employment. | | G-3 | | Representative of non-recognized or non-member government to international organization, and immediate family. | | Employer-specific; Certain dependents from countries with special bilateral agreements must apply for employment authorization. |
| G-4 | | International organization officer or employee, and immediate family. | | Employer-specific; Dependents must apply for employment authorization. | | G-5 | | Attendant, servant, or personal employee of G-1, G-2, G-3, G-4, and immediate family. | | Employer-specific; Dependents are not eligible for employment. | | H-1b | | Alien in Specialty Occupation (profession) | | Employer-specific | | H-1c | | Registered Nurse serving in under served area | | Employer-specific | | H-2a | | Temporary worker performing Agricultural Services unavailable in the United States | | Employer-specific | | H-2b | | Temporary worker performing other services unavailable in the United States . | | Employer-specific | | H-3 | | Trainee | | Employer-specific | | H-4 | | Spouse or child of H-1, H-2, or H-3 | | Not eligible for employment | | I | | Information Media Representatives and immediate family. | | Employer-specific; dependents are not eligible for employment. | | J-1 | | Exchange Visitor | | Employer-specific |
| J-2 | | Spouse or child of J-1 | | Employer-specific Must apply for employment authorization. | | K-1 | | Fiancé (e) | | Eligible for EAD incident to status | | K-2 | | Minor child of K-1 | | Eligible for EAD incident to status | | K-3 | | Spouse of US citizen | | Eligible for EAD incident to status | | K-4 | | Child of K-3 | | Eligible for EAD incident to status | | L1A | | Intracompany Transferee (manager or executive) | | Employer-specific | | L1B | | Intracompany Transferee (specialized knowledge alien) | | Employer-specific | | L-2 | | Spouse or child of L-1 | | Spouses of L-1s are eligible for EAD incident to status; children are not eligible for employment |
| NATO-6 | | Member of civilian component
accompanying a force entering
in accordance with NATO
Status-of-Forces Agreement or
attached to Allied Headquarters
under “Protocol on the Status of
International Military
Headquarters” set up pursuant
to the North Atlantic Treaty
and immediate family. | | Employer-specific;
Certain dependents from countries with special bilateral agreements must apply for employment authorization. | | NATO-7 | | Personal employee of
NATO-1, NATO-2, NATO-3,
NATO-4, NATO-5, and NATO-6,
and immediate family. | | Employer-specific; Certain dependents from countries with special bilateral agreements must apply for employment authorization. | O-1 | | Alien with Extraordinary Ability
in sciences, arts, education,
business, or athletics | | Employer-specific | | O-2 | | Aliens accompanying/assisting
O-1performers or athletes | | Employer-specific | | O-3 | | Spouse or child of O-1 or O-2 | | Not eligible for employment under this category | | P-1 | | Individual or Team Athletes, and Group Entertainers. | | Employer-specific | | P-2 | | Individual/Group
Artist/ Entertainer under Reciprocal Exchange Program. | | Employer-specific | | P-3 | | Artist or Entertainer in Culturally Unique Program | | Employer-specific | | P-4 | | Spouse or child of P-1, P-2, or P-3 | | Not eligible for employment under this category | | Q-1 | | International Cultural Exchange Visitor | | Employer-specific |
| Q-2 | | Irish Peace Process Cultural
and Training Program (Walsh visas) | | Employer-specific | | Q-3 | | Spouse or child of Q-2 | | Not eligible for employment | | R-1 | | Religious Worker | | Employer-specific | | R-2 | | Spouse or child of R-1 | | Not eligible for employment | | S-5 | | Witness or informant regarding
criminal organization. | | Must apply for employment authorization | | S-6 | | Witness or informant regarding
terrorism | | Must apply for employment authorization | | S-7 | | Spouse, children, or parent
of S-5 or S-6 | | Must apply for employment authorization | | T-1 | | Victim of a severe form of
trafficking in persons. | | Eligible for EAD incident to status | | T-2 | | Spouse of trafficking victim | | Must apply for employment authorization | | T-4 | | Parent of trafficking victim under 21 | | Must apply for employment authorization. |
| TN-1 | | Canadian NAFTA Professional | | Employer-specific | | TN-2 | | Mexican NAFTA Professional | | Employer-specific | | TD | | Spouse or child of TN-1 or TN-2 | | Not eligible for employment | | TWOV | | Transit without a visa
(Passenger or crew admitted temporarily)
(see also C-4) | | Not eligible for employment | | U-1 | | Victim of certain criminal activity | | Eligible for EAD incident to status | | U-2 | | Spouse of U-1 victim | | Must apply for employment authorization | | U-3 | | Child of U-1 victim | | Must apply for employment authorization | | U-4 | | Parent of U-1 victim under 21 | | Must apply for employment authorization | | V-1 | | Spouse of Lawful Permanent Resident
who is the principal beneficiary of a
family-based petition | | Eligible for EAD incident to status | | V-2 | | Child of Lawful Permanent Resident
who is the principal beneficiary of a
family-based petition | | Eligible for EAD incident to status | | V-3 | | Derivative child of a V-1 or V-2 | | Eligible for EAD incident to status |
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