Employment Authorization

Federal Regulations (8 CFR Sec.274a.12-14) established three categories of persons who are eligible to work in the U.S. First, there are persons authorized to work incident to their status (e.g., lawful permanent residents, people who were granted temporary protected status, fiancées). Second, there are persons authorized to be employed, incident to their status, with specific employer (e.g., H-1B, O-1). Finally, there are persons who must apply for employment authorization (e.g., applicant for asylum, withholding or cancellation, persons with final order of removal released under order of suspension).

As mentioned in the second category above, many nonimmigrant foreign nationals’ are granted authorization for employment with a specific employer incident to their status. The following is a list of these nonimmigrant work-authorized categories:

  1. Working visas – H, L, E, O, P, and R. (Spouses of L and E visa holders are also eligible to work.)
  2. Government visas – A, and G (international organization)
  3. Information media – I
  4. Crewmen – D (but not with domestic voyages or flights)
  5. Exchange student – J (if program permits)
  6. Fiancees – K and K2 dependents
  7. Students – F1 (on campus only) F1’s must apply for off campus employment or practical training.
  8. Canadians and Mexicans – (TN) entering U.S. as professional workers pursuant to NAFTA [INA Sec. 214(e)]

Nonimmigrants who change employers must file new petitions.Unauthorized employment is deemed a “per se” failure to maintain status. However, certain changes of employment are allowed without having to wait for the USCIS approval.

The USCIS District Director is vested with the power to revoke work authorization pursuant to 8 CFR Sec. 274a.14(b) if:

  • Good cause exists;
  • Conditions that favored granting permission to work no longer exist; or
  • Information in the application was not true.

The majority of adjustment of status (“green card”) applicants become eligible to apply for work authorization upon filing the adjustment of status application



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Alexey PankinAlexey Pankin
04:44 04 Dec 23
I recently had the pleasure of working with the incredible lawyers at Root Law Group, notably Daria. From my initial consultation until the successful resolution of my case, their expertise, professionalism, and dedication made a profound impact.
Zara IsmailovaZara Ismailova
14:11 30 Nov 23
Mihran StepanyanMihran Stepanyan
19:09 14 Nov 23
Working with this highly professional team made difficult and long process of applying for EB-1 GreenCard easy, clear and fast. I felt calm and confidently on every step. I really appreciate all the hard work and patience that Khaled Kaoud shared while working with me. He was always available and answered every possible question that I ever had. Also thanks to Igor, William and Daria for help and support during the working on my case. Working with Root Law Group was the best decision I did. And I undoubtedly recommend this professional, reliable and perfect team!
Georgi GrigoryanGeorgi Grigoryan
22:31 07 Nov 23
I am a business owner and operator abroad and I came to Root Law Group looking for immigration help. They told me that I was able to apply for EB2-NIW and they worked on my case nonstop. Even when USCIS requested more evidence, Daniel guided me throughout the entire process and helped ease my worries and concerns was an extremely helpful paralegal. After months of waiting, I was granted the I-140 Approval! I am extremely thankful for all the work Root Law did for me and super excited for adjustment of status when I become current. I look forward to working with Daniel, William and the entire team when that time comes and highly recommend their immigration services! This team cares and will try everything possible for your needs.
grigory ioffegrigory ioffe
18:05 01 Nov 23
I recently received approval for my visa application and would like to express my gratitude to Root Law, especially Igor for his excellent management, and Khaled for his legal assistance and guiding through the whole process.I want to acknowledge that despite several other lawyers suggesting that I had no chance of obtaining the visa, these professionals made it possible.
Artyom DavtyanArtyom Davtyan
23:21 20 Oct 23
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Melanie HusryMelanie Husry
01:32 28 Sep 23
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