Employment Authorization Document Reference Guide

Category

8 CFR 274a.12

Purpose

Maximum Initial Validity Period

Maximum Renewal Validity Period

(a)(2)

Lawful temporary resident

43 months[10]

2 years

(a)(3)

Admitted as a refugee[11]

5 years

5 years

(a)(4)

Paroled as a refugee[12]

Duration of parole, not to exceed 5 years

Duration of parole, not to exceed 5 years

(a)(5)

Granted asylum[13]

5 years

5 years

(a)(6)

K-1 fiance(e) or K-2 child

Period of authorized stay[14]

Remainder of 90-day period of admission

(a)(7)

Parent and child of N-8 or N-9 nonimmigrant[15]

1 year

1 year

(a)(8)

Citizen of Micronesia, the Marshall Islands or Palau

5 years

5 years

(a)(9)

K-3 spouse or K-4 dependent

2 years[16]

2 years[17]

(a)(10)

Granted withholding of deportation or removal

5 years

5 years

(a)(11)

Deferred extended voluntary departure or deferred enforced departure

Variable[18]

Variable[19]

(a)(12)

Temporary protected status (TPS)[20]

Variable, length of TPS designation, or any TPS renewals and TPS extensions

Variable, length of TPS designation, or any TPS renewals and TPS extensions

(a)(13)

Granted voluntary departure under Family Unity Program of IMMACT 90[21]

2 years[22]

2 years[23]

(a)(14)

Legal Immigration Family Equity (LIFE) Act Family Unity grantee[24]

Variable, not to exceed 2 years[25]

Variable, not to exceed 2 years[26]

(a)(15)

V-1, V-2, or V-3 nonimmigrant

Duration of V-1, V-2, and V-3 status, not to exceed 2 years

Duration of V-1, V-2, and V-3 status, not to exceed 2 years[27]

(a)(16)

Victims of human trafficking (T-1 nonimmigrant)

Duration of T-1 nonimmigrant status[28]

Duration of T-1 nonimmigrant status[29]

(a)(17)

Spouse of E1, E-2, and E-3

Duration of E-1, E-2, and E-3 status

Duration of E-1, E-2, and E-3 status

(a)(18)

Spouse of L-1 nonimmigrant

Variable, up to end date of L-2 status, not to exceed principal’s L-1 status

Variable, up to end date of L-2 status, not to exceed principal’s L-1 status

(a)(19)

Victims of qualifying criminal activity (U-1 nonimmigrant)

Duration of U-1 nonimmigrant status[30]

Duration of U-1 nonimmigrant status[31]

(a)(20)

Family members of victims of qualifying criminal activity (U-2, U-3, U-4, or U-5 nonimmigrant)[32]

Duration of U-2, U-3, U-4, or U-5 nonimmigrant status

Duration of U-2, U-3, U-4, or U-5 nonimmigrant status[33]

Category

8 CFR 274a.12

Purpose

Maximum Initial Validity Period

Maximum Renewal Validity Period

(c)(1)

Dependent of a diplomat or foreign government official (A-1 or A-2)[34]

3 years or tour of duty end date on Form I-566, whichever is less

3 years or tour of duty end date on Form I-566, whichever is less

(c)(2)

Dependent of Taipei Economic and Cultural Representative Office (TECRO) (E-1)[35]

3 years or end of principal E-1 status, whichever is less

3 years or end of principal E-1 status, whichever is less

(c)(3)(A)

Student pre-completion Optional Practical Training (OPT)

Variable, 12 months, date recommended by Designated School Official (DSO), or date course of study ends, whichever is earlier

Renewal not authorized

(c)(3)(B)

Student post-completion OPT

Variable, up to 12 months

Renewal not authorized

(c)(3)(C)

Student STEM OPT

24 months[36]

Renewal not authorized

(c)(3)(ii)

Off-campus employment – qualifying international organization

Variable, up to 12 months[37]

Variable, up to 12 months

(c)(3)(iii)

Off-campus employment – student severe economic hardship under 8 CFR 214.2(f)(9)(ii)(C)

Variable, up to 1 year[38]

Variable, up to 1 year[39]

(c)(3)(iii)

Off-campus employment – student severe economic hardship under 8 CFR 214.2(f)(9)(ii)(A) (special student relief)

Variable[40]

Variable[41]

(c)(4)

Spouse or unmarried child, son or daughter of an employee of an international organization (G-1, G-3, or G-4)[42]

3 years or tour of duty end date on Form I-566, whichever is less

3 years or tour of duty end date on Form I-566, whichever is less

(c)(5)

Dependent spouse or minor child of a J-1 exchange visitor

2 years or end of principal J-1 status, whichever is less

2 years or end of principal J-1 status, whichever is less

(c)(6)

Nonacademic or vocational student (M-1) post-completion OPT

6 months, not to exceed recommendation on Certificate of Eligibility for Nonimmigrant Student Status (Form I-20) or 1 month for each 4 months of completed full-time studies, whichever is earlier[43]

Renewal not authorized

(c)(7)

Dependent of NATO-1 through NATO-7 employee

3 years, not to exceed tour of duty listed on Form I-566

3 years, not to exceed tour of duty listed on Form I-566

(c)(8)

Pending application for asylum or withholding of deportation or removal

5 years

5 years

(c)(9)

Pending application for adjustment of status under INA 245[44]

5 years

5 years

(c)(10)

Pending application for suspension of deportation, cancellation of removal, or relief under the Nicaraguan Adjustment and Central American Relief Act (NACARA) [45]

5 years

5 years

(c)(11)

Parole[46]

Variable, to end date of the parole period

Variable, to end date of the parole period

(c)(12)

Spouse of E-2 CNMI investor[47]

End of principal E-2 CNMI Investor status not to exceed 2 years

End of principal E-2 CNMI Investor status not to exceed 2 years

(c)(14)

Deferred action (non-Deferred Action for Childhood Arrivals (DACA))

Variable, end date of deferred action period[48]

Variable, end date of deferred action period[49]

(c)(16)

Applicant for creation of record of lawful admission

1 year

1 year

(c)(17)(i)            

Domestic employee of nonimmigrant employer[50]

1 year or validity of B-1, whichever is less

1 year or validity of B-1, whichever is less

(c)(17)(ii)           

Domestic employee of U.S. citizen abroad[51]

1 year or validity of B-1, whichever is less

1 year or validity of B-1, whichever is less

(c)(17)(iii)          

B-1 foreign airline employee[52]

1 year or validity of B-1, whichever is less

1 year or validity of B-1, whichever is less

(c)(18)

Final order of removal with order of supervision[53]

1 year

1 year

(c)(19)

Application for TPS pending[54]

Variable, length of TPS designation, or any TPS renewals and TPS extensions

Variable, length of TPS designation, or any TPS renewals and TPS extensions

(c)(20)

Pending application under INA 210

1 year

1 year

(c)(21)

S nonimmigrant law enforcement witness or informant[55]

Variable, up to 3 years[56]

Variable, up to 3 years

(c)(22)

Pending application under INA 245A

1 year

1 year

(c)(24)

Pending application for LIFE Act Legalization[57]

1 year

1 year

(c)(25)

Family members of victims of human trafficking (T‐2, T‐3, T‐4, T-5, or T-6 nonimmigrant)

Duration of T-2, T-3, T-4, T-5, or T-6 nonimmigrant status

Duration of T-2, T-3, T-4, T-5, or T-6 nonimmigrant status

(c)(26)

H‐4 nonimmigrant spouse of a H-1B nonimmigrant

Variable, up to end date of H-4 status, not to exceed principal’s H-1B status

Variable, up to end date of H-4 status, not to exceed principal’s H-1B status

(c)(27)

Abused spouse of A nonimmigrant[58]

2 years

2 years

(c)(28)

Abused spouse of E nonimmigrant[59]

2 years

2 years

(c)(29)

Abused spouse of G nonimmigrant[60]

2 years

2 years

(c)(30)

Abused spouse of H nonimmigrant[61]

2 years

2 years

(c)(31)

Violence Against Women Act (VAWA) self-petitioner

2 years

2 years

(c)(33)

Granted DACA[62]

Variable, 2 years or end date of deferred action period, whichever is earlier

Variable, 2 years or end date of deferred action period, whichever is earlier

(c)(34)

Spouse of entrepreneur parolee under 8 CFR 212.19(h)(3)

Variable, up to end date of parole

Variable, up to end date of parole

(c)(35)

Form I-140 beneficiary with compelling circumstances

1 year

1 year

(c)(36)

Dependents of (c)(35)

1 year

1 year

(c)(37)

CNMI long-term residents

5 years

5 years