The Following are Who May Apply for Work Authorization:

Asylum applicant with a pending asylum application. The applicant must wait at least 365 days following the filling of the asylum application before he is eligible to apply for an EAD. Any delay in processing the asylum application that is caused by a foreign national, including unexcused failure to appear for fingerprinting and other biometrics capture, will not be counted as part of that 365 days. If the foreign national fails to appear for his asylum interview or for a hearing before an immigration judge, he will be ineligible for an EAD. If the foreign national has received a recommended approval for a grant of asylum, he may apply for an EAD immediately.

Adjustment of Status Applicant. An application for the EAD can be submitted either together with the adjustment of status application or along with a copy of the receipt notice or other evidence that the application for permanent residence or adjustment of status (green card) application is pending.

Granted Withholding of Deportation or Removal. The foreign national can apply for the EAD with a copy of the Immigration Judge’s order.

F-1 Student. F-1 student can apply for an EAD when seeking a pre-completion or post-completion Optional Practical Training (OPT) in an occupation directly related to studies; or OPT 17-month extension for STEM Students (Students With a degree in Science, Technology, Engineering, or Mathematics); or a student seeking off-campus employment due to severe economic hardship.

M-1 Student Seeking Practical Training After Completing Studies. M-1 students are eligible for one month for every four months of study Optional Practical Training. M-1 student must file an application for EAD.

Spouse of an L-1 Intracompany Transferee. Other relatives or dependents of L-1 aliens who are in L status are not eligible for EAD and may not file for the EAD.

Spouse of an H-1b Visa Holder. Spouse of principal H-1B nonimmigrant who is the principal beneficiaries of an approved Form I-140, Immigrant Petition for Alien Worker; or who has been granted H-1B status in the US under the 21st Century Department of Justice Appropriations Authorization Act (AC21). AC21 permits H-1B workers seeking employment-based lawful permanent residence to work and remain in the United States beyond the six-year limit.

B-1 Nonimmigrant Who Is the Personal or Domestic Servant of a Nonimmigrant Employer. A foreign national who has at least 1 year experience as a personal or domestic servant, who worked for his employer as a personal or domestic servant for at least 1 year can apply for EAD. The foreign national’s employer is a B, E, F, H, I, J, L, M, O, P, R, or TN nonimmigrant and regularly employs personal and domestic servants and has done so for a period of years before coming to the United States.

B-1 Nonimmigrant Domestic Servant of a U.S. Citizen who has a permanent home abroad or is stationed outside the US and is temporarily visiting the US and employed the foreign national as a domestic servant abroad for at least 6 months prior to the foreign national’s admission to the United States.

Dependent of A-1/A-2/G-1/G-3/G-4. Dependent EAD must be submitted through the diplomatic mission or international organization to the Department of State (DOS). The DOS will forward all favorably endorsed applications directly to the Nebraska Service Center for adjudication.

Temporary Protected Status (TPS). EAD is issued to an individual granted TPS under 8 CFR 244 or as a temporary treatment benefit under TPS.

J-2 Spouse or Minor Child of Exchange Visitor. Employment in this category is authorized for the length of J-1’s stay or 4 years, whichever is shorter. A detailed statement and evidence must be submitted to show that employment is not necessary to support the J-1 but for other purposes.

Spouse of an E-1/E-2 Treaty Trader or Investor or Spouse of an E-3 Certain Specialty of Occupation Professional from Australia. A foreign national has to submit evidence of his lawful status and evidence of marriage to a principal E-1/E-2, and a copy of the principal’s visa.

K-1 Nonimmigrant Fiancée of U.S. Citizen or K-2 Dependent. Application for the EAD can be filed within 90 days from the date of entry. This EAD cannot be renewed.

K-3 Nonimmigrant Spouse of U.S. Citizen or K-4 Dependent can apply for the EAD with copies of passport, I-94 and K visa.

Paroled in the Public Interest. If a foreign national was paroled into the United States for emergent reasons or reasons strictly in the public interest can apply for the EAD.