|
Visa Type |
Visa
Description |
Employment
Description/Restrictions |
|
A-1 |
Foreign Diplomatic Personnel |
Principal A-1/A-2 visa holder may be employed only
by a foreign government entity. |
|
A-2 |
Individuals in the U.S. as employees of a foreign
government, e.g., ambassador, minister, diplomat, or consular
officer. |
|
Dependent of A-1/A-2 Visa Holder |
Immediate family members of foreign government
officials. (Dependents also carry A-1/A- 2 status.) |
Spouses and unmarried dependent children of a
foreign government official may be employed if they present to INS a fully
executed Form I-566 bearing the endorsement of an authorized
representative of the Department of State, subject to any restrictions
stated in the regulations or cited on the EAD. EAD is required. |
|
A-3 Employee of Foreign Government Official |
May be employed only by foreign government entity.
Attendants, servants, or other personal employees of foreign governments
officials. |
May be employed only by foreign government
entity. |
|
B-1 Visitor for Business |
Individuals in the U.S. for a short time to engage
in business activities such as negotiating contracts for overseas
employees, consulting with business associates, attending professional
conferences, or conducting independent research. |
Foreign visitors present in the U.S. on a B-1 visa
may not be paid any salary, wage, honorarium, stipend, or other form of
compensation for services rendered from a U.S. source. Only "reasonable"
reimbursement for incidental expenses-including accommodations, meals,
travel expenses-may be paid. May not engage in any employment in the U.S.
including salaried work or services performed on an independent
basis |
|
B-2 Visitor for Tourism |
Individuals in the U.S. for travel, tourism, or
recreation. |
Foreign visitors in the U.S. on a B-2 visa are
prohibited from receiving payment of any kind from any U.S. source.
Reimbursement of expenses is prohibited. |
|
B-2 Prospective Student or Prospective Scholar |
Individual who enter the U.S. indicating a clear
intent to study here or to change to J-1 Exchange Visitor Status.
Consulate notation on visa page indicates "Prospective" status. Individual
must apply for a change of status before the expiration date on the I-94. |
Prohibited from receiving payment of any kind from
any U.S. source. |
|
C-1 Aliens in Transit |
Individuals in transit from one country to another
"stopping over" in the U.S. |
Not permitted to receive payment from any U.S.
source. |
|
D-l Alien Crewman |
|
Permitted to be employed in the U.S. only by the
vessel or aircraft. |
|
D-2 |
Crew members employed on a vessel or aircraft who
are in the U.S. on "stopovers." |
|
E-1 Treaty Trader |
Individuals in the U.S. to conduct trade under a
treaty between their country and the U.S., and keys employees of companies
trading under such a treaty. |
Principal E-1/E-2 visa holders may be employed only
by the trade-qualifying company through which they obtained the visa
status. INS Form I-797A authorizes employment. EAD is not required.
Dependent of E1/E2 visa holders are not permitted to be employed. |
|
E-2 Treaty Investor |
Individuals in the U.S. to develop and direct the
operations of an enterprise in which they have invested substantial
capital, and employees of companies making such investments. Must be based
on a treaty between visa holder's country and the U.S. |
|
F-1 Student |
Individuals in the U.S. engaging in a full course
of academic study in an accredited educational program. May include
elementary school, academic high school, college/university, conservatory,
or language training. (Students enrolled in vocational training are given
M-1 visas.) |
While maintaining valid
F-1 status, may be employed on the campus of the school they are
authorized to attend for a maximum of 20 hours per week while classes are
in session. Part-time, on-campus employment is authorized by the school,
and prior INS approval is not needed. During school vacations, students
may work on campus for a maximum of 40 hours-per week if otherwise
eligible and intending to enroll for the next term.
While
enrolled, visa holders in circumstances of "economic hardship" may work
off campus if so recommended by DSO on form 1-20. In such cases, EAD is
required.
May participate in employment directly related to
field of study. This employment may take the form of: * Curricular
Practical Training Employment required for completion of the
student's degree program. Requires approval of DSO on form I-20ID. EAD not
required. Employment authorization is job specific.
*Optional
Practical Training. Employment during or after completion of
studies. The total period of employment may not exceed 12 months. Requires
recommendation of DSO and approval by INS. EAD is required. |
|
F-2 Dependents of F-1 Visa Holders |
Individuals in the U.S. as dependents of an F-1
visa holder. |
Not permitted to work in the U.S. under any
circumstances. |
|
Visa Waiver for Business (VWB) and Tourism (VWT) |
Individuals permitted to enter the U.S. without a
visa for a stay limited to 90 days. Available only to citizens of
countries designated by the U.S. State Department. |
Laws regarding study and employment for holders of
VWB or VWT visa waivers for business and tourism are identical to their
B-1/B-2 visa counterparts. Visa holders may not extend length of stay
or change visa status. |
|
G-1 |
Representative of International Organization |
Principal G visa holder may be employed only by the
international organization or foreign government they represent. Spouses
and unmarried dependent children of an officer or representative of an
international organization may be employed if they present to INS a fully
executed Form I-566 bearing the endorsement of an authorized
representative of the Department of State, subject to any restrictions
stated in the regulations or cited on the EAD. EAD is required. G-5 may be
employed only by the official or representative of the international
organization. |
|
G-2, G-3, and G-4 |
Individuals in the U.S. as representatives of an
international organization-e.g., the United Nations and their dependents. |
|
G-5 Personal employee of G-1, G-2, G-3, or G-4 Visa
Holder |
Individuals in the U.S. as personal employees of a
representative of an international organization. |
|
H-1A Registered Nurse |
Individuals in the U.S. to perform professional
nursing services for a specific employer for a fixed period of
time. |
Eligible to be employed only by the petitioner
through whom status was obtained. INS Form I-797A authorizes employment.
EAD is not required. |
|
H-1B Temporary Worker in a Specialty
Occupation |
Individuals in the U.S. to perform professional
services for a sponsoring employer in a specific position for a fixed
period of time. Employment authorization is granted for an initial period
of up to 3 years. Extensions for an additional 3 years are possible. |
Employment permitted only with the sponsoring
institution that obtained INS approval for the visa classification.
Prohibited from receiving payments from other organizations. INS Form
I-797A authorizes employment. EAD is not required. |
|
H-2A Agricultural Worker |
Individuals in the U.S. to perform agricultural
work on a temporary basis. |
May be employed by the petitioning employer for a
specific period of time. INS Form I-797A authorizes employment. EAD is not
required. |
|
H-2B Skilled or Unskilled Workers |
Individuals in the U.S. in a temporary position for
which a shortage of U.S. workers exists, working for a specific employer
for a fixed period of time. Requires Alien Labor Certification
approval. |
May be employed by the petitioning employer for a
specified period of time. INS Form I-797A authorizes employment. EAD is
not required. |
|
H-3 Trainee |
Individuals in the U.S. for a temporary period to
participate in a training program provided by a specific employer. |
May work only for the petitioning employer for the period of validity of
the petition. INS Form I-797A authorizes employment. EAD is not required. |
|
H-4 Dependent of H Visa Holder |
Individuals in the U.S. as dependents of an "H"
visa holder. |
Not permitted to be employed or receive
compensation from any U.S. source. |
|
I Representative of Foreign Information Media |
Individuals in the U.S. as journalists or
representatives of international media, and their dependents. |
Permitted to be employed only by the sponsoring
foreign news agency or bureau. Dependents are not permitted to be
employed. |
|
J-1 Exchange Visitor (Student) |
Individuals in the U.S. as exchange visitors for
the primary purpose of studying at an academic institution under the
auspices of the United States Information Agency and a Designated Program
Sponsor. |
May be employed on the campus of the school in
which they are enrolled to a maximum of 20 hours per week with prior
written authorization from the Responsible Officer of their Designated
Program. May work off campus under limited circumstances provided they
have obtained prior written authorization from the Responsible Officer.
Employment does not require additional permission from INS or an EAD.
Eligible for 18 months of academic training following completion of their
program (36 months for postdoctoral training). |
|
J-1 Exchange Visitor (Short-term Scholar, Professor
Researcher, or Specialist) |
Individuals in the U.S. as visiting researchers or
professors under the auspices of the United States Information Agency and
a Designated Program Sponsor. |
Eligible to receive payment from the organization
listed on Form DS-2019 (formerly IAP-66) as the source of funds and/or the
Designated Program Sponsor for the period of validity as stated on the
DS-2019. Under limited circumstances, may receive compensation from other
institutions provided prior written authorization from the Responsible
Officer of their Designated Program has been secured. DS-2019 Form
authorizes employment. EAD is not required. |
|
J-1 Au Pair |
Individuals in the U.S. under the auspices of the
U.S. Information Agency and a Designated Program Sponsor to serve as a
live-in child-care provider for a host family. |
Eligible to receive payment only from the host
family or the designated Program Sponsor for child-care services not to
exceed 45 hours per week. |
|
J-2 Dependents of J-1 Visa Holder |
Individuals in the U.S. as a dependent (spouse or
unmarried child under the age of 21) of a J-1 student or scholar. |
Eligible to apply to INS for work permission. With
EAD issued by INS, may work for any employer. Employer must verify
employment authorization after expiration date on EAD. |
|
L-1 Intracompany Transferee |
Individuals in the U.S. who have been transferred
from a subsidiary, affiliate, or branch office overseas to the U.S. to
work in an executive, managerial, or specialist capacity, and their
dependents. |
May be employed only by company that obtained visa
status on their behalf. INS Form I-797A authorizes employment. EAD is not
required. |
|
L-2 Dependent of L-1 Visa Holder |
|
L-2 dependents are not permitted to work or receive
payment from any U.S. source. |
|
M-1 Vocational Student |
Individuals enrolled in a vocational school or
program in the U.S. |
May be employed for practical training following
completion of studies for a maximum of 6 months. Must apply to INS for
EAD. Employment must be related to field of study and recommended by DSO
through endorsement of I-20. Employer must reverify employment
authorization after expiration date on EAD. |
|
M-2 Dependent of M-1 Visa Holder |
Individuals in the U.S. as dependents of an M-1
student. |
Not permitted to be employed or receive
compensation from any U.S. source. |
|
NATO 1-6 NATO Personnel |
Individuals in the U.S. as members of the armed
services of the nations of the North Atlantic Treaty Origination, staff
members, attendants, servants, and personal employees of NATO personnel. |
Payment limited to funds provided through NATO
award. Dependents are eligible to apply to INS for work authorization. EAD
is required. Employer must reverify employment authorization after
expiration date of EAD. |
|
O-1 Person of Extraordinary Ability |
Individual of extraordinary ability in the science,
arts, education, business, or athletics who are in the U.S. to work for a
sponsoring employer or organization (O-1), and their accompanying
personnel (O-2). |
May be employed and compensated only by the
petitioning employer or agency through whom the status was obtained. INS
Form I-797A authorizes employment. EAD card is not required. |
|
O-2 Accompanying Personnel |
|
|
O-3 Dependent of O-1 and O-2 Visa Holder |
Individuals in the U.S. as dependents of O-1 and
O-2 visa holders. |
Not permitted to be employed or receive
compensation from any U.S. source. |
|
P-1 Internationally Recognized Athlete /
Entertainment Group, Essential Support Personnel |
Individuals in the U.S. as internationally
recognized athletes competing individually or as part of a team, or
individuals performing as part of an entertainment group that has been
internationally recognized, and their essential support personnel. |
May be employed and compensated only by the
petitioning employer or agency through whom the status was obtained. If a
member of a group, may not perform services apart from the entertainment
group. INS Form I-797A authorizes employment. EAD card is not
required. |
|
P-2 Artist or Entertainer Under a Reciprocal
Exchange Program. |
Individuals in the U.S. as artists or entertainers,
operating individually or as a group, who will be performing under a
reciprocal exchange program between an organization in the U.S. and one in
a foreign state. |
May be employed and compensated only by the
petitioning employer or agency through whom the status was obtained. INS
Form I-797A authorizes employment. EAD is not required. |
|
P-3 Artist or Entertainer in a Culturally Unique
Program |
Individuals in the U.S. as artists or entertainers,
individually or as a group, recognized for excellence in developing,
interpreting, representing, coaching, or teaching a unique or traditional
ethnic, folk, cultural, musical, theatrical, or artistic performance or
presentation. |
May be employed and compensated only by the
petitioning employer or agency through whom the status was obtained. INS
Form I-797A authorizes employment. EAD is not required. |
|
P-4 Dependent of P-1, P-2, or P-3 Visa Holder |
Individuals in the U.S. as dependents of holder of
a P-1, P-2, or P-3 visa. |
Not permitted to be employed or receive
compensation from any U.S. source. |
|
Q Participant in an International Cultural Exchange
Program |
Individuals in the U.S. as participants in an
international cultural exchange visitors program approved by the Attorney
General to provide practical training, employment, and the sharing of the
history, culture, and traditions of the foreign national's country
("Disney Visa"). |
May be employed and compensated only by the
petitioning employer or agency through whom the status was obtained. INS
Form I-797A authorizes employment. EAD is not required. |
|
R-l Religious Worker |
Individuals in the U.S. as members of a bona fide
religious denomination carrying out the activities of a religious
worker. |
May be employed and compensated only by the
religious organization through which status was obtained. EAD is not
required. |
|
R-2 Dependent of R-1 Visa Holder |
Individuals in the U.S. as dependents of an R-1
visa holder. |
Not permitted to be employed or receive
compensation from any U.S. source. |
|
TN Trade NAFTA (for citizens of Canada &
Mexico) |
Individuals in the U.S. to perform professional
services for a sponsoring employer in a specific position for a fixed
period of time. |
May be employed and compensated only by the
sponsoring employer through whom the status was obtained. Canadians
require only an I-94 card as employment authorization. Mexicans require
INS Form I-797A; EAD is not required. |
|
T-D Dependent of TN Visa Holder |
Individuals in the U.S. as dependents of the holder
of a TN visa. |
Not permitted to be employed or receive
compensation from any U.S. source. |
