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Table of Common Work Authorized Nonimmigrant Statuses

Status
Requirements
Proof of Authorization to Work
Employer Action/Timing
F-1 CPT Work experience required as part of graduation requirement
  • Form I-20 with School Authorization
  • I-94 Card F-1
NONE – Student Obtains DocumentationTiming – Immediate
F-1 OPT Available to foreign national students who complete degree program (12 months of training)
  • Form I-20 with School Authorization
  • I-94 Card F-1
  • EAD Card
NONE – Student Obtains DocumentationTiming – Immediate
J-1 Trainee Available to foreign nationals who will participate in training program. On the job training is acceptable.
  • Form DS-2019
  • I-94 Card J-1
Employer makes application with J-1 Program Sponsor. Upon approval FN applies for visa at U.S. Consulate.Timing – 2 to 4 Weeks for Program Sponsor Processing; Visa Issuance & Admission Varies by Consulate
H-1B Available when position offered requires a Bachelor’s degree and Foreign National holds Bachelor’s degree or equivalent
  • I-94 Card H-1B Specific to Employer
Employer makes application with USCISTiming• New H-1B—Issuance of Approval (PP Available)
• FN in H-1B Status—Can work upon filing of Petition
E-3 Australian Citizens Only – Available when position offered requires a Bachelor’s degree and Foreign National holds Bachelor’s degree or equivalent
  • I-94 E-3 Specific to Employer
FN Outside US – Employer provides petition package for Consulate Application by FNFN Inside US – Employer makes application to USCISTiming• Outside U.S. – Varies by Consulate;
• Inside U.S. – USCIS Processing Times (PP Available)
TN Canadian & Mexican Citizens Only—Available when position offered is listed on Schedule 2 and Foreign National holds credentials listed on Schedule 2
  • I-94 Card TN Specific to Employer
Employer provides petition package to FN for application by FN:• Canadian—Border Application (adjudicated same day)
• Mexican—Outside of US, Consulate• Application (Timing varies by Consulate); Inside U.S., USCIS Application (PP Available)
L-2 Spouses

E-1 or E-2

Dep.Refugees

Applicants for Asylum

Applicants for Adjustment of Status

K-3/K-4

Incident to Status
  • EAD Card
NONETiming – Immediate with EAD Card