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Who is Not Eligible for EAD?

Published in EAD Ineligibility 3 mins read

Individuals in certain nonimmigrant statuses inside the U.S. are generally not eligible to apply for an Employment Authorization Document (EAD). An EAD allows foreign nationals to legally work in the United States. Eligibility for an EAD often depends on the specific visa category and the primary purpose of their stay in the U.S.

Understanding EAD Ineligibility

While many visa categories may allow for EAD applications under specific conditions, some statuses explicitly do not qualify for work authorization through an EAD. These typically include dependents whose primary purpose in the U.S. is not employment-related for themselves, or whose visa category does not inherently grant work privileges.

Categories Ineligible for EAD

Foreign nationals present in the U.S. under the following dependent visa statuses are typically not eligible to apply for an EAD:

Visa Category (Dependents) Specific Exclusion Notes
H Visa Dependents Dependents of H visa holders This generally refers to H-4 dependents, who often have varying eligibility criteria based on the primary H-1B holder's status. However, certain H-4 spouses may be eligible for EAD if the primary H-1B holder meets specific conditions (e.g., approved I-140). The exclusion here pertains to the general default for dependents of H visa holders unless specific additional criteria are met.
O Visa Dependents Dependents of O visa holders O visas are for individuals with extraordinary ability. Their dependents (O-3) are typically not authorized for employment.
F Visa Dependents Dependents of F visa holders F visas are for academic students. F-2 dependents are generally not authorized to work.
M Visa Dependents Dependents of M visa holders M visas are for vocational students. M-2 dependents are generally not authorized to work.
P Visa Dependents Dependents of P visa holders P visas are for athletes, artists, or entertainers. P-4 dependents are generally not authorized for employment.
Q Visa Dependents Dependents of Q visa holders Q visas are for participants in international cultural exchange programs. Q-2 dependents are generally not authorized for employment.
R Visa Dependents Dependents of R visa holders R visas are for religious workers. R-2 dependents are generally not authorized for employment.
L-2 Children L-2 children of L-1 visa holders While L-2 spouses of L-1 intracompany transferees are generally eligible for EAD, L-2 children are not.

It is crucial for foreign nationals to understand the specific regulations pertaining to their visa status. Applying for an EAD when ineligible can lead to complications, including denial of the application and potential issues with maintaining legal status in the U.S. Always verify the most current eligibility requirements through official government sources like U.S. Citizenship and Immigration Services (USCIS).