| Classification | Characterization of Group | Notes |
|---|
| A-1, A-2, A-3 |
Staff of foreign embassies and consulates and members of the immediate family |
Clearance for any work beyond diplomatic work must be given in advance by the Protocol Division of the Department of State |
| B-1 |
Visitors for business |
May be paid an honorarium and/or reimbursement for incidental expenses |
| B-2 |
Visitors for pleasure |
May be paid an honorarium and/or reimbursement for incidental expenses |
| B-2 Prospective Student |
Alien with clear intent to study in the U.S.; will change to F-1 status |
See B-1 eligibility |
| B-2 Prospective Exchange Visitor |
Alien with clear intent to change to J-1 status for study, research, or teaching |
See B-1 eligibility |
| C-1 |
Visitors in transit |
May receive no payment whatsoever from any U.S. source |
| D-1 |
Foreign crewmen |
May be paid only for work done in connection with shipping/transport |
| E-1, E-2 |
Treaty traders, treaty investors, and their dependents |
May be paid for business and investing work used as justification for issuance of visa; no other work is legally permitted |
| F-1 |
Foreign students |
On-campus work permit given by Foreign Student Adviser (on special form); off-campus work possible; approval shown on I-20 ID (yellow form) |
| F-2 |
Dependents of foreign students |
May receive no payment whatsoever from any U.S. source |
| G-1, G-2, G-3, G-4 |
Employees of International organizations and members of their immediate family |
May be paid only by the organization for which they received their G designation; no other work legally permitted. G-4 spouses and dependents may apply for special work permit on Form I-556 to Department of State |
| H-1B |
Temporary professional workers |
May be paid any sum by the employer that filed H-1 petition for period of validity of that petition |
| H-2A |
Temporary workers whose skills are needed in the U.S. |
May be paid any sum by the employer that filed H-2 petition for period of validity of that petition |
| H-3 |
Trainees (as distinct from F-1 practical trainees) |
May be paid any sum by the employer that filed H-3 petition for period of validity of that petition |
| H-4 |
Dependents of H-1, H-2, H-3 employees |
May receive no payment whatsoever from any U.S. source |
| I-1 |
Journalists, representatives of media, and their dependents |
May work only for media organization that obtained I visa for them |
| J-1 Student |
Student in the U.S. under Exchange Visitor Program |
May work on- or off-campus if granted permission (on special form) by Exchange Visitor Program sponsor |
| J-1 Scholar |
Researchers/professors here under Exchange Visitor Program |
May work for university or organization that issued IAP-66 (visa entry form); permission for other work granted by U.S. Information Agency (contact Foreign Student and Scholar Services) |
| J-2 |
Dependents of J-1's |
May request work authorization from INS if J-2 can state that money needed for his/her expenses; permit shown on I-94 |
| K-1 |
Fiance(e)s of American citizens |
May request work authorization upon entry to U.S.; shown on I-94. Must marry American citizen within 90 days and apply for permanent residence |
| L-1 |
Intra-company transfers, i.e., managers, executives who have worked abroad for branch of U.S. firm |
May work only for the company that obtained L-1 visa on their behalf; no other work permitted |
| L-2 |
Dependents of L-1's |
May receive no payment whatsoever from any U.S. source |
| M-1 |
Students at vocational schools |
May receive permission to work for six months after completion of studies; shown on I-20 ID |
| M-2 |
Dependents of M-1's |
May receive no payment whatsoever from any U.S. source |
| N-8, N-9 |
Parent or dependent child of individual who has been granted Permanent Residency under special case |
Can be employed with EAD |
| NATO |
Alien from a NATO member country in the U.S. under sponsorship of NATO, for study, research or training |
Funds limited to NATO |
| O-1 |
Alien of extraordinary ability |
May receive payment from the employer who received approval for the visa |
| O-2 |
Alien with critical skills and experience |
May receive payment from the employer who received approval for the visa |
| O-3 |
Dependents of O-1's and O-2's |
May receive no payment whatsoever from any U.S. source |
| P-1 |
Alien athlete internationally recognized |
May receive payment from the employer who received approval for the visa |
| P-2 |
Alien artists or entertainers, individual or group |
May receive payment from the employer who received approval for the visa |
| P-3 |
Alien providing essential support to the P-1 and P-2 visa holders |
May receive payment from the employer who received approval for the visa |
| P-4 |
Dependents of P-1's, P-2's, and P-3's |
May receive no payment whatsoever from any U.S. source |
| R-1 |
Religious exchange |
May be paid by the sponsor of the visa only |
| R-2 |
Dependent of R-1 |
May receive no payment whatsoever from any U.S. source |
| S-1 |
Criminal Witness |
May be paid by the sponsor of the visa only |
| TD |
Dependent of TN |
May receive no payment whatsoever from any U.S. source |
| TN |
Individual from Mexico or Canada-NAFTA |
May be employed until the date on the I-94 |
| WB (business) |
Visa waiver program. Can enter the U.S. for 90 days without a visa |
See B-1 |
| WT (tourist) |
Visa waiver program |
See B-1 |
| Asylum Applicants (I-589 filed) |
Those who have filed for asylum in the U.S. |
May request work authorization from INS during the waiting period; shown on I-94 or special form |
| Asylees, Refugees |
Those who have been granted asylum or refugee status in the U.S. |
No limits at all on the employment they may legally hold |
| Pending Immigrants |
Those who have filed for adjustment to Immigrant Status in the U.S. |
May request work authorization from INS during brief waiting period (3-4 months); would show on I-181 or special form |
| Immigrants (Permanent Residents) |
Those who have been granted permanent residence in the U.S.; may stay forever in this status |
No limits at all on the employment they may legally hold; will be able to show Resident Alien Card (I-151 or I-551) |
| Temporary Residents |
Those who have been approved for legalization in the U.S. after having been here in illegal status for five years or more |
May request work authorization for the year (or longer) it will take to obtain permanent residence; will be able to show I-688 or I-688A (Temporary Resident Employment Authorization Card) |
| Conditional Permanent Residents |
Those who have applied for immigrant status through marriage to an American citizen or Permanent Resident of the U.S. |
No limits at all on the employment they may legally hold; will be able to show work authorization from INS |
| Undocumented Aliens |
Those who entered the U.S. illegally or who lost legal status and are not eligible for legalization |
Not eligible for any work in the U.S. Employer not liable to any punishment if these aliens have been employed for same employer since before November 7, 1986 |
