Who can work: work authorization by visa type

Whether you can work in the United States is determined not by the name of your visa, but by your immigration status in the United States. Some statuses automatically grant work authorization, some permit work only for a specific employer, and others require you to first obtain employment authorization (EAD). On this page, you will find which statuses belong to which group, how to check your work authorization, the consequences of unauthorized employment, and common mistakes.

• Unlimited work authorization based on status: People in this group may work without limits on location or type of job. Some must still obtain a document proving their authorization.
• Work only for a specific employer based on status: People in this group may work only for the employer or sponsor through whom they obtained their status. They are not additionally issued an employment authorization card (EAD).
• Those who must apply for and obtain authorization first: People in this group apply using Form I-765. You cannot work until the authorization is approved and the card is in your possession.
• This distinction is set out in paragraphs (a), (b), and (c) of the federal regulation (8 CFR 274a.12). The category code on the employment authorization card is also assigned according to these paragraphs.

• Green card holders (including conditional green card holders). The expiration date on the card only indicates that the card must be renewed; your work authorization does not expire. You do not need to obtain an EAD. For card renewal, see 3.11 Maintaining the card.
• Refugees and people granted asylum (asylees): They may work based on their status. They may obtain an EAD as documentation. See 3.7 Green card through asylum and refugee status.
• K-1 fiancés and K-2 children: They may work during the period of their status, but they must apply for an EAD showing this authorization. See 2.6 Fiancé visa (K-1).
• L-2 spouses: They may work based on their status with an I-94 bearing the code “L-2S.” An EAD is optional.
• E-1 / E-2 spouses: They may work based on their status with an I-94 bearing a spouse code such as “E-2S.” An EAD is optional. Details: 2.7 Spouse and child (dependent) visas.

• H-1B, H-2A, H-2B, H-3: only for the employer that filed the petition. For H-1B, work authorization continues until a decision is made once the new employer’s petition has been properly filed.
• L-1: only for the company that filed the petition.
• O-1, O-2, P-1, P-2, P-3: only for the employer that filed the petition. For a P visa, you cannot begin the new job until the new employer’s petition is approved (see 2.4 Work visas).
• R-1: only for the religious organization through which you obtained the status.
• E-1 / E-2 principal visa holder: only for the treaty company through which you obtained the status. Türkiye is a treaty country. See 2.5 Investors and traders (E-2 / E-1).
• I (journalists): only for the foreign press organization. Spouses and children cannot work in this status.
• J-1: only for the program sponsor or a location designated by the sponsor, within the limits of the program on the DS-2019. See 2.3 Exchange visitor (J-1).
• F-1 students:
  • on campus, no more than 20 hours per week while school is in session; full-time during breaks if you will enroll in the next term
  • curricular practical training (CPT), which is part of the curriculum: after one full academic year, with authorization written on the I-20 by the school official (DSO)
  • an EAD is required for other off-campus work. See 2.2 Student visa (F-1).

• F-1 students: pre-completion and post-completion OPT, the 24-month STEM OPT extension, and authorization based on severe economic hardship.
• M-1 students: practical training after completing the program.
• J-2 spouses and children: after arriving in the United States.
• H-4 spouses: only if the H-1B spouse has an approved I-140 or an extension beyond the six-year limit.
• People waiting for their green card application (I-485).
• People waiting for an asylum application (I-589): they may apply after 150 days from filing; authorization is issued once a total of 180 days has passed.
• People granted parole.
• Certain workers and their families who have an approved I-140 and are experiencing “compelling circumstances.”
• For category codes, fees, and steps, see 5.2 Employment authorization (EAD / I-765) and categories.

• B-1 / B-2 visitors: They cannot start a job or perform paid work in the United States. An exception applies to certain domestic employees who receive B-1 status under specific conditions; these individuals work with an EAD. See 2.1 Tourist and business travel (B-1/B-2).
• F-2 and M-2 spouses and children: They cannot work.
• O-3, P-4, R-2: Spouses and children cannot work.
• H-4 family members of H-2 and H-3 holders: They cannot work.
• Spouses and children of I (journalist) visa holders: They cannot work.
• These individuals may work only if they change to a status that authorizes employment. See 2.8 Change of status and extension from within the United States.

1. Open your I-94 record: At i94.cbp.dhs.gov, view the status code (class of admission) from your most recent entry and the end date of your authorized stay.
2. Check which group your status belongs to: Compare it with the lists above.
3. If you have an EAD, check the front of the card: The category code, start and end dates of employment authorization, and any conditions are printed on the card.
4. For petition-based visas, check the I-797 approval notice: The employer’s name and approval period are shown there.
5. If you changed status, check the most recently issued document. The SSA also relies on the most recently issued DHS document when processing an SSN application.
6. If you are unsure, consult your school’s DSO, your J sponsor, or an immigration attorney before starting work.

• You must comply with the conditions of your employment authorization and the conditions of your admission. If you violate the conditions, you may be removed from the United States or denied reentry.
• If an F-1 student works without authorization, their SEVIS record is terminated.
• Unauthorized employment is a status violation. For the loss of status and its effect on future applications, see 2.9 Consequences of overstaying and unlawful presence and 12.2 Loss of status, unlawful presence, and the 3/10-year entry bars.
• If your situation is complicated, consult an immigration attorney. See 12.6 Finding an attorney.

• Looking only at the name of the visa type and failing to check the status code on the I-94.
• Starting work after filing an EAD application but before the card arrives.
• Taking an additional job outside the petitioning employer while in H-1B, L-1, or O-1 status.
• An F-1 student taking a “short-term” or “cash” job off campus.
• An F-2 or H-4 spouse doing paid online work from home without authorization.
• Assuming that forming your own company creates work authorization.
• Assuming that work authorization ends when the green card expires.

• My green card has expired. Can I work? Yes. The expiration date on the card only indicates that the card must be renewed. However, when starting a new job, you must present an unexpired document for Form I-9; do not delay the renewal.
• Can I attend a job interview while I am in the United States on a tourist visa? For permitted activities, see 2.1 Tourist and business travel. To start working, you need a status that authorizes employment.
• Does my L-2 spouse have to obtain an EAD? No. A valid I-94 with the code “L-2S” is sufficient. They may also pay the fee and obtain an EAD if they wish.
• I am in H-1B status. Can I work another job on weekends? You may work only for the employer that filed the petition. A separate petition is required for a second employer.
• I have an asylum application. Can I work immediately? No. You may apply for an EAD after your application has been pending for 150 days; authorization is issued once the total reaches 180 days.
• I am in J-1 status. Can I work a second job? Only if the rules for your category permit it and your sponsor’s authorized representative approves it.

• I-94 inquiry (CBP)
• USCIS – Working in the United States
• 8 CFR 274a.12 – complete list of classes authorized to work (eCFR)
• Form I-765 instructions (PDF)
• USCIS case status
• Rights of temporary workers – information in Turkish