# Volume 10 - Employment Authorization

- Guidance
- Resources (11)
- Appendices (0)
- Updates (14)
- History (0)

## Resources

8 CFR 204.5(p) - Eligibility for employment authorization in compelling circumstances

8 CFR 274a Subpart B - Employment authorization

8 CFR 274a.12 - Classes of aliens authorized to accept employment

8 CFR 274a.13 - Application for employment authorization

INA 103, 8 CFR 103 - Powers and duties of the Secretary, the Under Secretary, and the Attorney General

INA 274A - Unlawful employment of aliens

AR-11, Change of Address

G-28, Notice of Entry of Appearance as Attorney or Accredited Representative

I-765, Application for Employment Authorization

I-9, Employment Eligibility Verification

How to Use the USCIS Policy Manual Website (PDF, 2.99 MB)

## Appendices

No *appendices* available at this time.

## Updates

September 27, 2023

U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance in the USCIS Policy Manual regarding maximum validity periods for Employment Authorization Documents (EADs, Form I-766) issued to refugees and asylees, noncitizens paroled as refugees, noncitizens granted withholding of removal, noncitizens with pending applications for asylum or withholding of removal, noncitizens with pending applications for adjustment of status under INA 245, and noncitizens seeking suspension of deportation or cancellation of removal. USCIS is also clarifying that the Arrival/Departure Record (Form I-94) may be used as evidence of both status and employment authorization for certain EAD categories that are employment authorized incident to status or parole.

Read More

3 USCIS-PM F.1 - Chapter 1 - Purpose and Background

10 USCIS-PM A.2 - Chapter 2 - Eligibility Requirements

10 USCIS-PM A.4 - Chapter 4 - Adjudication

June 14, 2023

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to address eligibility criteria and standards for applications for employment authorization involving compelling circumstances.

Read More

10 USCIS-PM B.2 - Chapter 2 - Employment Authorization for Certain H-4, E, and L Nonimmigrant Dependent Spouses

10 USCIS-PM B.3 - Chapter 3 - Certain Employment-Based Immigrants in Compelling Circumstances

February 22, 2023

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to clarify the validity period of employment authorization for F-1 students experiencing severe economic hardship due to emergent circumstances (also known as special student relief (SSR)).

Read More

2 USCIS-PM F.6 - Chapter 6 - Employment

10 USCIS-PM A.4 - Chapter 4 - Adjudication

March 18, 2022

U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance in the USCIS Policy Manual to address the documentation that certain E and L spouses may use as evidence of employment authorization incident to their status.

Read More

10 USCIS-PM A.2 - Chapter 2 - Eligibility Requirements

10 USCIS-PM B.2 - Chapter 2 - Employment Authorization for Certain H-4, E, and L Nonimmigrant Dependent Spouses

February 07, 2022

U.S. Citizenship and Immigration Services (USCIS) is updating guidelines in the USCIS Policy Manual regarding validity periods for Employment Authorization Documents (EADs) for asylees and refugees, noncitizens with withholding of deportation or removal, noncitizens with deferred action, parolees, and Violence Against Women Act (VAWA) self-petitioners.

Read More

10 USCIS-PM A.4 - Chapter 4 - Adjudication

November 12, 2021

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to address automatic extension of employment authorization for certain H-4, E, and L nonimmigrant dependent spouses. USCIS is also rescinding the 2002 Legacy Immigration and Naturalization Service memorandum entitled, “Guidance on Employment Authorization for E and L Nonimmigrant Spouses, and for Determinations on the Requisite Employment Abroad for L Blanket Petition” (2002 INS memorandum).

Read More

10 USCIS-PM B.1 - Chapter 1 - Purpose and Background

10 USCIS-PM B.2 - Chapter 2 - Employment Authorization for Certain H-4, E, and L Nonimmigrant Dependent Spouses

August 12, 2021

U.S. Citizenship and Immigration Services (USCIS) is rescinding policy guidance in the USCIS Policy Manual on discretionary employment authorization for parolees.

Read More

1 USCIS-PM C.1 - Chapter 1 - Purpose and Background

3 USCIS-PM F.1 - Chapter 1 - Purpose and Background

10 USCIS-PM B.2 - Chapter 2 - Employment Authorization for Certain H-4, E, and L Nonimmigrant Dependent Spouses

June 09, 2021

U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance in the USCIS Policy Manual to increase the amount of time a grant of employment authorization is valid for applicants seeking adjustment of status under Section 245 of the Immigration and Nationality Act (INA).

Read More

10 USCIS-PM B.4 - Chapter 4 - Reserved

May 11, 2021

This technical update replaces all instances of the term “alien” with “noncitizen” or other appropriate terms throughout the Policy Manual where possible, as used to refer to a person who meets the definition provided in INA 101(a)(3) [“any person not a citizen or national of the United States”].

1 USCIS-PM - Volume 1 - General Policies and Procedures

2 USCIS-PM - Volume 2 - Nonimmigrants

6 USCIS-PM - Volume 6 - Immigrants

7 USCIS-PM - Volume 7 - Adjustment of Status

8 USCIS-PM - Volume 8 - Admissibility

9 USCIS-PM - Volume 9 - Waivers and Other Forms of Relief

10 USCIS-PM - Volume 10 - Employment Authorization

11 USCIS-PM - Volume 11 - Travel and Identity Documents

12 USCIS-PM - Volume 12 - Citizenship and Naturalization

January 14, 2021

U.S. Citizenship and Immigration Services (USCIS) is providing policy guidance in the USCIS Policy Manual regarding applications for discretionary employment authorization based on 8 CFR 274a.12(c)(9) (pending application for adjustment of status under INA 245) or 8 CFR 274a.12(c)(14) (grant of deferred action). USCIS is also providing guidance outlining the categories of aliens eligible for discretionary employment authorization.

Read More

10 USCIS-PM A - Part A - Employment Authorization Policies and Procedures

10 USCIS-PM B - Part B - Specific Categories

August 27, 2020

This technical update removes the exemption from discretion for asylum applicants seeking employment authorization under 8 CFR 274a.12(c)(8). The Asylum Application, Interview, and Employment Authorization for Applicants Final Rule (Final Rule) (effective August 25, 2020) amended 8 CFR 274a.13(a)(1) to eliminate the exemption. Accordingly, asylum applicants who file applications for employment authorization on or after August 25, 2020 are subject to discretion like other applicants seeking employment authorization under 8 CFR 274a.12(c). **Note: On September 11, 2020, the U.S. District Court for the District of Maryland in *Casa de Maryland et al v. Chad Wolf* provided limited injunctive relief to members of two organizations, CASA de Maryland (CASA) and the Asylum Seeker Advocacy Project (ASAP), in the application of the Final Rule to Form I-589s and Form I-765s filed by asylum applicants who are also members of CASA or ASAP. Therefore, while the rule is preliminarily enjoined, we will continue to apply the prior regulatory language and exempt from discretion CASA and ASAP members who file a Form I-765 based on an asylum application.**

10 USCIS-PM A.5 - Chapter 5 - Reserved

July 15, 2020

U.S. Citizenship and Immigration Services (USCIS) is consolidating existing policy guidance in the USCIS Policy Manual regarding the discretionary analysis required in the adjudication of certain benefit requests, including certain applications for employment authorization.

Read More

1 USCIS-PM E.8 - Chapter 8 - Discretionary Analysis

10 USCIS-PM A.5 - Chapter 5 - Reserved

October 08, 2019

This technical update replaces all instances of the term “foreign national” with “alien” throughout the Policy Manual as used to refer to a person who meets the definition provided in INA 101(a)(3) [“any person not a citizen or national of the United States”].

1 USCIS-PM - Volume 1 - General Policies and Procedures

2 USCIS-PM - Volume 2 - Nonimmigrants

6 USCIS-PM - Volume 6 - Immigrants

7 USCIS-PM - Volume 7 - Adjustment of Status

8 USCIS-PM - Volume 8 - Admissibility

9 USCIS-PM - Volume 9 - Waivers and Other Forms of Relief

10 USCIS-PM - Volume 10 - Employment Authorization

11 USCIS-PM - Volume 11 - Travel and Identity Documents

12 USCIS-PM - Volume 12 - Citizenship and Naturalization

August 19, 2019

U.S. Citizenship and Immigration Services (USCIS) is updating its existing policies on the exercise of discretion to address the use of discretion when assessing if certain foreign nationals who are paroled into the United States should be employment authorized.

Read More

10 USCIS-PM B.2 - Chapter 2 - Employment Authorization for Certain H-4, E, and L Nonimmigrant Dependent Spouses

## Version History

No historical versions available.

0
-                  Part A - Employment Authorization Policies and Procedures               
-                  Part B - Specific Categories               

Current as of April 11, 2024

Back

Next

0 / 2000To protect your privacy, please do not include any personal information in your feedback. Review our Privacy Policy.