AOS - Adjustment of Status (AOS) Applicant Individuals with a pending Adjustment of Status application under Section 245 of the INA with a valid EAD. Employee may be granted up to
extended employment authorization while a timely-filed EAD extension is pending with USCIS. | |
A-1, A-2 - Foreign Diplomatic Personnel (and Dependents) Individuals in the U.S as employees of a foreign government, e.g., ambassador, minister, diplomat, or consular officer. | Principal - Not authorized to work as a contractor at NIH
Dependent - Valid EAD [(c)(1)]
- DEUS* - Provide in month/day/year (mm/dd/yyyy) format.
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B-1 - Visitor for Business Individuals in the U.S. for a short time to engage in business activities such as negotiating with business associates, attending professional conferences, or conducting independent research. May not engage in any employment in the U.S., including salaried work or services performed on an independent basis.
Note: B-2 status is not appropriate to engage in business activities. | - B-1 letter of invitation (if available)
- Passport biographic page (with picture)
- Form I-94
- DEUS* - Provide in month/day/year (mm/dd/yyyy) format.
Delegate Program Visitor: NIH Delegate must submit
Delegate Request Form and documentation as listed on that form. |
WB - Waiver for Business Individuals permitted to enter the U.S. without a visa for a stay limited to 90 days. Available only to citizens of countries designated by the U.S. State Department. Allows visitor to engage in business activities such as negotiating with business associates, attending professional conferences, or conducting independent research. May not engage in any employment in the U.S., including salaried work or services performed on an independent basis.
Note: WT status is not appropriate to engage in business activities. | - WB letter of invitation (if available)
- Passport biographic page (with picture)
- Form I-94
- DEUS* - Provide in month/day/year (mm/dd/yyyy) format.
Delegate Program Visitor: NIH Delegate must submit
Delegate Request Form and documentation as listed on that form. |
E-1 - Treaty Trader Individuals in the U.S. to conduct trade under a treaty between their country and the U.S., and key employees of companies trading under such a treaty. | Principal - Form I-797 Approval Notice (copy acceptable)
- Proof of Placement Letter
(see example here)
- Passport biographic page (with picture)
- Form I-94
- DEUS* - Provide in month/day/year (mm/dd/yyyy) format.
Dependent - Valid EAD [(a)(17)]
- Valid Form I-94 annotated E-1S or
- Valid Form I-94 annotated E-1
plus Form I-797A, Notice of Action, with USCIS identifying the individual as a dependent spouse whose status renders them employment authorized incident to status
- DEUS* - Provide in month/day/year (mm/dd/yyyy) format.
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E-2 - Treaty Investor Individuals in the U.S. to develop and direct the operations of an enterprise in which they have invested substantial capital, and employees of companies making such investments. Must be based on a treaty between visa holder's country and the U.S. | Principal - Form I-797 Approval Notice (copy acceptable)
- Proof of Placement Letter
(see example here)
- Passport biographic page (with picture)
- Form I-94
- DEUS* - Provide in month/day/year (mm/dd/yyyy) format.
Dependent - Valid EAD [(a)(17) or
- Valid I-94 annotated E-2S or
- Valid Form I-94 annotated E-2
plus Form I-797A, Notice of Action, with USCIS identifying the individual as a dependent spouse whose status renders them employment authorized incident to status
- DEUS* - Provide in month/day/year (mm/dd/yyyy) format.
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E-3 - Temporary Worker in a Specialty Occupation Limited to citizens of Australia; perform professional services for a sponsoring employer in a specific position for a fixed period of time. Annual cap of 10,500. Employment authorization is granted for an initial period of up to 2 years. Extensions can be granted indefinitely in increments of up to 2 years. Employee may be granted up to 240 days of extended employment authorization while a timely-filed petition requesting an extension of stay is pending with USCIS. | Principal - Form I-797 Approval Notice (copy acceptable), if applicable
- Proof of Placement Letter
(see example here) OR copy of Labor Condition Application (LCA – Form ETA 9035) with the NIH as Location/Place of Employment
- Australian Passport
- Form I-94
- DEUS* - Provide in month/day/year (mm/dd/yyyy) format.
-
If E-3 Extension Petition is Pending:
- Form I-797 Receipt Notice (copy acceptable) for extension petition in lieu of I-797 Approval Notice
- All additional documents listed above
Dependent - Valid EAD [(a)(17) or
- Valid Form I-94 annotated E-3S or
- Valid Form I-94 annotated E-3 plus Form I-797A, Notice of Action, with USCIS identifying the individual as a dependent spouse whose status renders them employment authorized incident to status
- DEUS* - Provide in month/day/year (mm/dd/yyyy) format.
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F-1 - Student Individuals in the U.S. engaging in a full course of academic study in an accredited educational program. May include elementary school, academic high school, college/university, conservatory, or language training. Employee may be granted up to
180 days of extended employment authorization while a timely-filed EAD extension is pending with USCIS. |
Extended On-Campus Employment (OCE) - Form I-20
- Letter of authorization from Principal Designated School Official (PDSO)/Designated School Official (DSO)
- Passport biographic page (with picture)
- Form I-94
- DEUS* - Provide in month/day/year (mm/dd/yyyy) format.
Economic Hardship - Valid EAD [(c)(3)(iii)]
- DEUS* - Provide in month/day/year (mm/dd/yyyy) format.
Curricular Practical Training (CPT) - Form I-20
- Proof of Placement Letter
(see example here)
- Passport biographic page (with picture)
- Form I-94
- DEUS* - Provide in month/day/year (mm/dd/yyyy) format.
Optional Practical Training (OPT) - Current EAD [(c)(3)(A) or (c)(3)(B) or (c)(3)(C)]
-
If STEM OPT Extension is Pending: Form I-20 with STEM extension recommendation and Form I-797 Receipt Notice
- DEUS* - Provide in month/day/year (mm/dd/yyyy) format.
Note: F-2 dependents are not authorized to work. |
G-1, G-2, G-3, G-4 - Representative of International Organization Individuals in the U.S. as representatives of an international organization—e.g., the United Nations—and their dependents. | Principal - Not authorized to work at NIH
Dependent - Valid EAD [(c)(4)]
- DEUS* - Provide in month/day/year (mm/dd/yyyy) format.
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H-1B - Temporary Worker in a Specialty Occupation Individuals in the U.S. to perform professional services for a sponsoring employer in a specific position for a fixed period of time. Employment authorization is granted for an initial period of up to 3 years. Extensions for an additional 3 years are possible up to a total of 6 years. Further extensions permitted under certain circumstances. Employee may be granted up to 240 days of extended employment authorization while a timely-filed petition requesting an extension of stay is pending with USCIS.
See here for sample documentation submission for contractor in H-1B status. | - Form I-797 Approval Notice
- Proof of Placement Letter
(see example here) OR copy of Labor Condition Application (LCA – Form ETA 9035) with NIH as Location/Place of Employment
- Passport biographic page (with picture)
- Form I-94
- DEUS* - Provide in month/day/year (mm/dd/yyyy) format.
-
If H-1B Extension Petition is Pending:
- Form I-797 Receipt Notice for extension petition in lieu of I-797 Approval Notice
- All additional documents listed above
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H-2B - Skilled or Unskilled Worker Individuals in the U.S. in a temporary position for which a shortage of U.S. workers exists, working for a specific employer for a fixed period of time. | - Form I-797 Approval Notice (copy acceptable)
- Proof of Placement Letter
(see example here) OR copy of Temporary Labor Certification in Non-agricultural Occupations (Form ETA 9142) with the NIH as Location/Place of Employment
- Passport biographic page (with picture)
- Form I-94
- DEUS* - Provide in month/day/year (mm/dd/yyyy) format.
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H-3 - Trainee Individuals in the U.S. in a temporary period to participate in a training program provided by a specific employer | - Form I-797 Approval Notice (copy acceptable)
- Proof of Placement Letter
(see example here)
- Passport biographic page (with picture)
- Form I-94
- DEUS* - Provide in month/day/year (mm/dd/yyyy) format.
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H-4 - Dependent of H Nonimmigrant Individuals in the U.S. as a dependent (spouse or unmarried child under the age of 21) of an H nonimmigrant | - Valid EAD [(c)(26)]
- Form I-94
- DEUS* - Provide in month/day/year (mm/dd/yyyy) format.
-
If EAD Extension is Pending:
- Employee may be granted extended employment authorization while a timely-filed EAD extension is pending with USCIS.
- Form I-797 Receipt Notice
- Current EAD
- Valid Form I-94
- DEUS* - Provide in month/day/year (mm/dd/yyyy) format.
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J-1 - Exchange Visitor (Student) Individuals in the U.S. as Exchange Visitors for the primary purpose of studying at an academic institution under the auspices of the U.S. Department of State and a Designated Program Sponsor | - Valid Form DS-2019
- Letter of authorization from Responsible Officer (RO)/Alternate Responsible Officer (ARO) authorizing off-campus or academic training
- Passport biographic page (with picture)
- Form I-94
- DEUS* - Provide in month/day/year (mm/dd/yyyy) format.
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J-1 - Exchange Visitor (Short-term Scholar, Professor, Research Scholar; Specialist; Trainee; Alien Physician) Individuals in the U.S. as exchange visitors under the auspices of the US Department of State and a Designated Program Sponsor | - Valid Form DS-2019 with NIH listed as "Primary Site of Activity"
- If NIH is not listed on the DS-2019: Submit a Letter of authorization from Responsible Officer (RO)/Alternate Responsible Officer (ARO) authorizing activities at NIH
- Passport biographic page (with picture)
- Form I-94
- DEUS* - Provide in month/day/year (mm/dd/yyyy) format.
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J-2 - Dependent of J-1 Visa Holder Individuals in the U.S. as a dependent (spouse or unmarried child under the age of 21) of a J-1 Exchange Visitor | - Valid EAD [(c)(5)]
- DEUS* - Provide in month/day/year (mm/dd/yyyy) format.
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K-1, K-2, K-3, K-4 - Fiancé(e) or Spouse of a U.S. citizen (and Dependents) Individuals coming to the U.S. to marry a U.S. citizen | - Valid EAD [(a)(6) or (a)(9)]
- DEUS* - Provide in month/day/year (mm/dd/yyyy) format.
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L-1 - Intracompany Transferee Individuals in the U.S. who have been transferred from a subsidiary, affiliate, or branch office overseas to the U.S. to work in an executive, managerial, or specialist capacity | - Form I-797 Approval Notice
- Proof of Placement Letter
(see example here)
- Passport biographic page (with picture)
- Form I-94
- DEUS* - Provide in month/day/year (mm/dd/yyyy) format.
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L-2 - Dependent of L-1 Intracompany Transferee Individuals in the U.S. as a dependent (spouse or unmarried child under the age of 21) of L-1 intracompany transferee | - Valid EAD [(a) (18)] or
- Valid Form I-94 annotated L-2S or
- o Valid Form I-94 annotated L-2
plus Form I-797A, Notice of Action, with USCIS identifying the individual as a dependent spouse whose status renders them employment authorized incident to status
- DEUS* - Provide in month/day/year (mm/dd/yyyy) format.
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M-1 - Student Seeking Training after Completion of Studies | - Valid EAD [(c)(6)]
- DEUS* - Provide in month/day/year (mm/dd/yyyy) format.
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NATO Personnel 1-6 Individuals in the U.S. as members of the armed services of the nations of the North Atlantic Treaty Organization, staff members, attendants, servants, and personal employees of NATO personnel | Principal - Not authorized to work at NIH
Dependent - Valid EAD [(c)(7)]
- DEUS* - Provide in month/day/year (mm/dd/yyyy) format.
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O-1, O-2 - Person of Extraordinary Ability, Accompanying Personnel Individuals of extraordinary ability in the sciences, arts, education, business, or athletics who are in the U.S. to work for a sponsoring employer or organization | - Form I-797 Approval Notice (copy acceptable)
- Proof of Placement Letter
(see example here)
- Passport biographic page (with picture)
- Form I-94
- DEUS* - Provide in month/day/year (mm/dd/yyyy) format.
Note: O-3 dependents are not authorized to work. |
T-1, T-2, T-3, T-4 - Victim/Witness of Trafficking (and Dependents) | - Valid EAD [(a)(16) or (c)(25)]
- DEUS* - Provide in month/day/year (mm/dd/yyyy) format.
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TN Professionals (only for citizens of Canada & Mexico) Individuals in the U.S. to perform professional services for a sponsoring employer in a specific position for a fixed period of time, pursuant to the provisions of the U.S.-Mexico-Canada Agreement (USMCA) | - TN Offer Letter of Employment
- Form I-797 Approval Notice (copy acceptable), if applicable
- Proof of Placement Letter
(see example here)
- Passport biographic page (with picture)
- Form I-94
- DEUS* - Provide in month/day/year (mm/dd/yyyy) format.
Note: TD dependents are not authorized to work. |
U-1, U-2, U-3, U-4, U-5 - Victim/Witness of Certain Criminal Activity (and Dependents) | - Valid EAD [(a)(19) or (a)(20)]
- DEUS* - Provide in month/day/year (mm/dd/yyyy) format.
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VAWA Principal beneficiary or qualified child of an approved Violence Against Women Act (VAWA) petition. Employee may be granted
extended employment authorization while a timely-filed EAD extension is pending with USCIS. | |
V-1, V-2, V-3 - Spouse of Lawful Permanent Resident, (and Dependents) Individuals in the U.S. who are spouses of U.S. Lawful Permanent Resident that have been waiting more than three years for an immigrant visa. | - Valid EAD [(a)(15)]
- DEUS* - Provide in month/day/year (mm/dd/yyyy) format.
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Asylee Individuals who have been granted asylum status after arrival in the U.S. based on a well-founded fear of persecution in their home country. Employee may be granted
extended employment authorization while a timely-filed EAD extension is pending with USCIS. | |
DACA - Deferred Action for Childhood Arrivals | - Valid EAD [(c)(33)]
- DEUS* - Provide in month/day/year (mm/dd/yyyy) format.
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Refugee Individuals admitted to the U.S. who have proven a well-founded fear of persecution in their home country. Admitted to the U.S. for one year, after which time they can apply to become lawful permanent residents. Employee may be granted
extended employment authorization while a timely-filed EAD extension is pending with USCIS. | |
TPS - Temporary Protected Status Special protection from deportation is available to qualified nationals of designated countries. Extended by U.S. government, generally in one-year periods. Employee may be granted
extended employment authorization while a timely-filed EAD extension is pending with USCIS. | - Valid EAD [(a)(12) or (c)(19)]
- DEUS* - Provide in month/day/year (mm/dd/yyyy) format.
Note: Most will have a valid EAD, but there are also special provisions automatically extending the employment authorization for designated countries. To find out if a specific TPS-country has had the work authorization automatically extended, see:
http://www.uscis.gov/tps. For an automatic extension period, please provide the original EAD If EAD Extension is Pending: - Form I-797 Receipt Notice
- Current EAD
- DEUS* - Provide in month/day/year (mm/dd/yyyy) format.
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*DEUS: Initial date of entry into the U.S. in a significant status, not counting short-term or tourist visits. If there was a break of two years or more between significant statuses, the DEUS will be the initial entry date of the most recent status. |