Employment Restrictions for Different Types of Visa Holders »

Type of Visa

Employment Restrictions

A1/A2

Principal A-1/A-2 visa holder may be employed only by a foreign government entity.

Dependent of A1/A2 Visa Holders

Spouses and unmarried dependent children of a foreign government official may be employed if they present to INS a fully executed Form I-566 bearing the endorsement of an authorized representative of the Department of State, subject to any restrictions stated in the regulations or cited on the EAD. EAD is required.

A-3 Employee of Foreign Government Officials

May be employed only by foreign government entity.

B-1 Visitor for Business

Foreign visitors present in the U.S. on a B-1 visa may not be paid any salary, wage, honorarium, stipend, or other form of compensation for services rendered from a U.S. source. Only "reasonable" reimbursement for incidental expenses-including accommodations, meals, travel expenses-may be paid. May not engage in any employment in the U.S. including salaried work or services performed on an independent basis.

B-2 Visitor for Tourism

Foreign visitors in the U.S. on a B-2 visa are prohibited from receiving payment of any kind from any U.S. source. Reimbursement of expenses is prohibited.

B-2 Prospective Student or Prospective Scholar

Prohibited from receiving payment of any kind from any U.S. source.

C-1 Aliens in Transit

Not permitted to receive payment from any U.S. source.

D-1/D-2 Alien Crewman

Permitted to be employed in the U.S. only by the vessel or aircraft.

 

E-1 Treaty Trader and E-2 Treaty Investor

Principal E-1/E-2 visa holders may be employed only by the trade-qualifying company through which they obtained the visa status. INS Form I-797A authorizes employment. EAD is not required. Dependent of E1/E2 visa holders are not permitted to be employed.

F-1 Student

1. While maintaining valid F-1 status, may be employed on the campus of the school they are authorized to attend for a maximum of 20 hours per week while classes are in session. Part-time, on-campus employment is authorized by the school, and prior INS approval is not needed. During school vacations, students may work on campus for a maximum of 40 hours-per week if otherwise eligible and intending to enroll for the next term.

2. While enrolled, visa holders in circumstances of "economic hardship" may work off campus if so recommended by DSO on form I-20. In such cases, EAD is required.

3. Participation in "Pilot Off-Campus Employment Program for F-1 Students" requires certified form ETA 9035 and I-20ID endorsed by DSO. Employment is authorized for a specific job only.

4. May participate in employment directly related to field of study. This employment may take the form of:
* Curricular Practical Training. Employment required for completion of the student's degree program. Requires approval of DSO on form I-20ID. EAD not required. Employment authorization is job specific.
* Optional Practical Training. Employment during or after completion of studies. The total period of employment may not exceed 12 months. Requires recommendation of DSO and approval by INS. EAD is required.

F-2 Dependents of F-1 Visa Holders

Not permitted to work in the U.S. under any circumstances.

Visa Waver for Business (VWB) and Tourism (VWT)

Laws regarding study and employment for holders of VWB or VWT visa waivers for business and tourism are identical to their B-1/B-2 visa counterparts. Visa holders may not extend length of stay or change visa status.

G-1, G-2, G-3, G-4, and G-5

Principal G visa holder may be employed only by the international organization or foreign government they represent. Spouses and unmarried dependent children of an officer or representative of an international organization may be employed if they present to INS a fully executed Form I-566 bearing the endorsement of an authorized representative of the Department of State, subject to any restrictions stated in the regulations or cited on the EAD. EAD is required. G-5 may be employed only by the official or representative of the international organization.

H-1A Registered Nurse

Eligible to be employed only by the petitioner through whom status was obtained. INS Form I-797A authorizes employment. EAD is not required.

H-1B Temporary Worker in a Specialty Occupation

Employment permitted only with the sponsoring institution that obtained INS approval for the visa classification. Prohibited from receiving payments from other organizations. INS Form I-797A authorizes employment. EAD is not required.

H-2A Agricultural Worker

May be employed by the petitioning employer for a specific period of time. INS Form I-797A authorizes employment. EAD is not required.

H-2B Skilled or Unskilled Worker

May be employed by the petitioning employer for a specified period of time. INS Form I-797A authorizes employment. EAD is not required.

H-3 Trainee

May work only for the petitioning employer for the period of validity of the petition. INS Form I-797A authorizes employment. EAD is not required.

H-4 Dependent of H Visa Holder

Not permitted to be employed or receive compensation from any U.S. source.

I Representative of Foreign Information Media

Permitted to be employed only by the sponsoring foreign news agency or bureau. Dependents are not permitted to be employed.

J-1 Exchange Visitor (Student)

May be employed on the campus of the school in which they are enrolled to a maximum of 20 hours per week with prior written authorization from the Responsible Officer of their Designated Program. May work off campus under limited circumstances provided they have obtained prior written authorization from the Responsible Officer. Employment does not require additional permission from INS or an EAD. Eligible for18 months of academic training following completion of their program (36 months for postdoctoral training).

J-1 Exchange Visitor (Short- term Scholar, Professor, Researcher, or Specialist)

Eligible to receive payment from the organization listed on Form IAP-66 as the source of funds and/or the Designated Program Sponsor for the period of validity as stated on the IAP-66. Under limited circumstances, may receive compensation from other institutions provided prior written authorization from the Responsible Officer of their Designated Program has been secured. IAP-66 Form authorizes employment. EAD is not required.

J-1 Au Pair

Eligible to receive payment only from the host family or the designated Program Sponsor for child-care services not to exceed 45 hours per week.

J-2 Dependents of J-1 Visa Holder

Eligible to apply to INS for work permission. With EAD issued by INS, may work for any employer. Employer must verify employment authorization after expiration date on EAD.

L-1 Intracompany Transferee

May be employed only by company that obtained visa status on their behalf. INS Form I-797A authorizes employment. EAD is not required.

L-2 Dependent of L-1 Visa Holder

L-2 dependents are not permitted to work or receive payment from any U.S. source.

M-1 Vocational Student

May be employed for practical training following completion of studies for a maximum of 6 months. Must apply to INS for EAD. Employment must be related to field of study and recommended by DSO through endorsement of I-20. Employer must re-verify employment authorization after expiration date on EAD.

M-2 Dependent of M-1 Visa Holder

Not permitted to be employed or receive compensation from any U.S. source.

NATO 1-6 NATO Personnel

Payment limited to funds provided through NATO award. Dependents are eligible to apply to INS for work authorization. EAD is required. Employer must re-verify employment authorization after expiration date of EAD.

O-1 Person of Extraordinary Ability, O-2 Accompanying Personnel

May be employed and compensated only by the petitioning employer or agency through whom the status was obtained. INS Form I-797A authorizes employment. EAD card is not required.

O-3 Dependent of O-1 and O-2 Visa Holders

Not permitted to be employed or receive compensation from any U.S. source.

P-1 Internationally Recognized Athlete or Entertainment Group, or Essential Support Personnel

May be employed and compensated only by the petitioning employer or agency through whom the status was obtained. If a member of a group, may not perform services apart from the entertainment group. INS Form I-797A authorizes employment. EAD card is not required.

P-2 Artist or Entertainer Under a Reciprocal Exchange Program

May be employed and compensated only by the petitioning employer or agency through whom the status was obtained. INS Form I-797A authorizes employment. EAD is not required.

P-3 Artists or Entertainer in a Culturally Unique Program

May be employed and compensated only by the petitioning employer or agency through whom the status was obtained. INS Form I-797A authorizes employment. EAD is not required.

P-4 Dependent of P-1, P-2, or P-3 Visa Holder

Not permitted to be employed or receive compensation from any U.S. source.

Q Participant in an International Cultural Exchange Program

May be employed and compensated only by the petitioning employer or agency through whom the status was obtained. INS Form I-797A authorizes employment. EAD is not required.

R-1 Religious Worker

May be employed and compensated only by the religious organization through which status was obtained. EAD is not required.

R-2 Dependent of R-1 Visa Holder

Not permitted to be employed or receive compensation from any U.S. source.

TN Trade NAFTA (for citizens of Canada & Mexico)

May be employed and compensated only by the sponsoring employer through whom the status was obtained. Canadians require only an I-94 card as employment authorization. Mexicans require INS Form I-797A; EAD is not required.

T-D Dependent of TN Visa Holder

Not permitted to be employed or receive compensation from any U.S. source.

Return to section 9.0 "International Tax Reporting"

Return to Appendix B