ALERT: USCIS is working with U.S. Customs and Border Protection and the Department of State to more efficiently facilitate certain employment-based nonimmigrant visas for eligible noncitizens who have graduated from an accredited U.S. institution of higher education.
For more information on the process to obtain a 212(d)(3) waiver, please see the DOS Foreign Affairs Manual, Volume 9 and the DOS Easing the Nonimmigrant Visa Process for U.S. College Graduates page.
Alert Type infoALERT : As of Jan. 30, 2022, USCIS and U.S. Customs and Border Protection (CBP) began issuing Forms I-94, Arrival/Departure Record, with the following new class of admission (COA) codes for certain E and L spouses: E-1S, E-2S, E-3S, and L-2S. An unexpired Form I-94 reflecting one of these new codes is acceptable as evidence of employment authorization for spouses under List C of Form I-9, Employment Eligibility Verification.
USCIS will mail notices on or about April 1, 2022, to E and L spouses age 21 or over who have an unexpired Form I-94 that USCIS issued before Jan. 30, 2022. This notice, along with an unexpired Form I-94 reflecting E-1, E-2, E-3, E-3D, E-3R, or L-2 nonimmigrant status, will serve as evidence of employment authorization for Form I-9, Employment Eligibility Verification, purposes. If you are an E or L spouse and under 21, or if you have not received your notice by April 30, email E-L-married-U21@uscis.dhs.gov to request a notice.
USCIS will only send notices to qualifying spouses who received a Form I-94 from USCIS. Individuals who received their Form I-94 from CBP at the time of their entry into the United States should visit https://i94.cbp.dhs.gov/I94/#/home.
In order for you to come to the United States lawfully as a nonimmigrant to work temporarily, your prospective employer must generally file a nonimmigrant petition on your behalf with USCIS 1 .
Spouses and children who qualify for dependent nonimmigrant classification of a temporary worker and who are outside of the United States should apply directly at a U.S. consulate for a visa, unless exempt.
Spouses and children requesting a change of status or extension of stay in a dependent nonimmigrant classification must file Form I-539, Application to Extend/Change Nonimmigrant Status. Please see the Form I-539 instructions for further information on filing procedures for this application.
Noncitizens employed in the United States may have a U.S. tax obligation. See the Taxation of Nonresident Aliens page on the Internal Revenue Service (IRS) website for more information.
In general, only noncitizens who have permission from DHS to work can apply for a Social Security number. Find additional information about Foreign Workers and Social Security Numbers (PDF) on the Social Security Administration website.
Workers in a specialty occupation and the following sub-classifications:
H-1B1 - Free Trade Agreement workers in a specialty occupation from Chile and Singapore.
H-1B2 - Specialty occupations related to Department of Defense Cooperative Research and Development projects or Co-production projects.
H-1B3 - Fashion models of distinguished merit and ability.
1 Only a few nonimmigrant classifications allow you to work in this country without an employer having first filed a petition on your behalf. Such classifications include the nonimmigrant E-1, E-2, E-3 and TN classifications, as well as, in certain instances, the F-1 and M-1 student and J-1 exchange visitor classifications. You should refer to the USCIS webpage for your classification to determine whether you must obtain employment authorization before beginning work.
2 The H-1C nonimmigrant classification expired on Dec. 20, 2009.
3 Certain E and L dependent spouses are considered employment authorized incident to status. As of Jan. 30, 2022, USCIS and CBP began issuing Forms I-94 with the following new COA codes for certain E and L spouses: E-1S, E-2S, E-3S, and L-2S. An unexpired Form I-94 reflecting one of these new codes is acceptable as evidence of employment authorization for spouses under List C of Form I-9, Employment Eligibility Verification. USCIS will send E and L spouses with a Form I-94 issued by USCIS before January 30, 2022 that was notated with E-1, E-2, E-3, E-3D, E-3R, or L-2 nonimmigrant status and who are employment authorized incident to status a notice regarding the new COA codes that, together with an unexpired Form I-94 reflecting E-1, E-2, E-3, E-3D, E-3R, or L-2 nonimmigrant status, serves as evidence of employment authorization under List C of Form I-9. For more information, see this web alert . E and L spouses who are employment authorized incident to status are no longer required to request employment authorization by filing Form I-765, Application for Employment Authorization , with fee, but they may continue to file Form I-765 if they choose to receive an Employment Authorization Document (Form I-766 EAD).
4 Though the Immigration and Nationality Act (INA) does not provide a specific nonimmigrant classification for dependents of Q-1 nonimmigrants, this does not preclude the spouse or child of a Q-1 from entering the U.S. in another nonimmigrant classification.