The chance to work legally in the United States is a dream come true for many immigrants because it is a significant step toward building financial stability. A paper that makes this possible is called an Employment Authorization Document (EAD). The EAD, sometimes called a “work permit,” is issued by the U.S. Citizenship and Immigration Services (USCIS).
When applying for an EAD through Form I-765 (Application for Employment Authorization), you’ll come across different eligibility categories and codes that determine whether you qualify.
The EAD categories list is exhaustive and might look confusing, but it is essential to understand it for a smooth application process. In this blog, we walk you through the EAD category list and codes.
What is an Employment Authorization Document (EAD)?
The EAD is an official card that proves you are allowed to work in the United States. It is also known as Form I-688A, Form I-688B, Form I-766, or any newer version issued by USCIS. Depending on your situation, you may apply for one of three types of EADs:
- Initial EAD: Your first work permit under a specific category.
- Renewal EAD: A new card after your previous one has expired, under the same category.
- Replacement EAD: A replacement if your card was lost, stolen, damaged, or issued with errors.
Some immigrants already have work authorization through their status, but still apply for an EAD card to show proof of their eligibility to employers.
What Are EAD Categories and Codes?
When you go through Form I-765, you’ll find a section asking for your eligibility category.
Each category (and the USCIS EAD codes) corresponds to a specific group of immigrants who may qualify for work authorization. For example:
- A12 = Temporary Protected Status (TPS)
- C26 = Spouse of an H-1B visa holder
- A9 = Spouse of K-3 Visa Holder
These USCIS EAD category codes help the agency quickly identify why you qualify for a work permit. Since there are many different types of immigration statuses, the list of EAD categories is long and detailed.
USCIS I-765 Eligibility Category List
Here are some of the popular eligibility categories to apply for a work permit.
1. Asylees and Refugees
- Refugee – (a)(3)
- Paroled as a Refugee – (a)(4)
- Asylee (granted asylum) – (a)(5)
- Withholding of Deportation or Removal – (a)(10)
- Pending Asylum Applicant – (c)(8)
2. Students
- F-1 Student, Pre-Completion OPT – (c)(3)(A)
- F-1 Student, Post-Completion OPT – (c)(3)(B)
- M-1 Student, Practical Training – (c)(6)
- J-2 Spouse/Child of Exchange Visitor – (c)(5)
3. Dependents of Diplomats or International Staff
- Dependent of A-1 or A-2 Foreign Officials – (c)(1)
- Dependent of G-1, G-3, or G-4 Nonimmigrant – (c)(4)
- Dependent of NATO Personnel – (c)(7)
4. Spouses of Visa Holders
- Spouse of an E-1/E-2/E-3 visa holder – (a)(17)
- Spouse of an L-1 visa holder – (a)(18)
- Spouse of an H-1B visa holder (H-4 status) – (c)(26)
5. Employment-Based Immigrant Beneficiaries
- Approved Employment-Based Petition with Compelling Circumstances – (c)(35)
- Spouse or Child of a Principal Beneficiary of an Approved Employment-Based Immigrant Petition – (c)(36)
6. K Family Categories
- K-1 Fiancé(e) of U.S. Citizen – (a)(6)
- K-3 Spouse of U.S. Citizen – (a)(9)
7. Temporary and Humanitarian Categories
- Citizens of Micronesia, Marshall Islands, or Palau – (a)(8)
- Deferred Enforced Departure (DED) – (a)(11)
- Temporary Protected Status (TPS) – (a)(12) and (c)(19)
- Deferred Action – (c)(14)
- DACA (Deferred Action for Childhood Arrivals) – (c)(33)
8. Special Categories
- VAWA Self-Petitioners – (c)(31)
- U-1 Nonimmigrants (victims of certain crimes) – (a)(19)
- U Nonimmigrant Adjustment of Status – (c)(9)
- Applicants for Cancellation of Removal – (c)(10)
- Parole – (c)(11)
- Final Order of Removal – (c)(18)
Check the official website for an exhaustive list of EAD categories that USCIS uses.
Importance of EAD Categories & Codes
When you apply for a work permit, choosing the correct I-765 eligibility category is crucial. If you select the wrong code, your application could be delayed or denied. Each EAD category list defines your eligibility and guides USCIS in processing your case.
Get Legal Help at ImmigrationQuestion.com
The USCIS EAD codes serve an essential purpose in helping USCIS organize the different situations in which immigrants can be authorized to work.
No matter if you are an asylee, an OPT student, the spouse of a visa holder, or someone seeking humanitarian protection, chances are there’s a category for you.
If you’re unsure which code matches your status, it’s best to consult an immigration attorney before filing Form I-765.
At ImmigrationQuestion.com, we connect immigrants with licensed immigration attorneys who can help you choose the right USCIS EAD category codes and guide you through the application process.
Frequently Asked Questions About EAD Categories and Codes
1. What is an EAD category code?
An EAD category code is the number/letter combination printed on your Employment Authorization Document (EAD). It shows the reason you qualify for work authorization, such as being an asylee, student, or dependent of a visa holder.
2. How do I find my EAD category?
You can find your EAD category on the face of your card. If you are applying with Form I-765, you’ll select your eligibility from the I-765 eligibility category list provided by USCIS.
3. Why are there so many EAD categories?
There are many different paths to work authorization in the U.S. Some are based on family ties, some on humanitarian protections, and others on student or employment visas. Each situation has a unique USCIS EAD code to identify it.
4. What happens if I choose the wrong eligibility code on Form I-765?
If you select the wrong code from the EAD categories list, your application may be delayed or denied. Always double-check your situation and speak with an immigration attorney before filing.
5. Can I change my EAD category later?
You cannot “switch” categories on the same application. If your immigration status changes (for example, from a student to a green card applicant), you would need to file a new Form I-765 with the correct USCIS EAD category code.
6. Where can I find the complete list of EAD categories?
The most updated list of EAD categories is available on the USCIS website. Since categories may change over time, it’s best to confirm directly from USCIS before applying.
7. Do all immigrants need an EAD to work?
Not always. Some immigrants, such as lawful permanent residents (green card holders), do not need a separate EAD because their status already authorizes them to work.
