8 CFR 247a.12

§ 274a.11

8 CFR Ch. I (1–1–12 Edition)

(v) The history of previous violations
of the employer.
(3) Where an order is issued with respect to a respondent composed of distinct, physically separate subdivisions
which do their own hiring, or their own
recruiting or referring for a fee for employment (without reference to the
practices of, and under the control of,
or common control with another subdivision) the subdivision shall be considered a separate person or entity.
(c) Enjoining pattern or practice violations. If the Attorney General has reasonable cause to believe that a person
or entity is engaged in a pattern or
practice of employment, recruitment
or referral in violation of section
274A(a)(1)(A) or (2) of the Act, the Attorney General may bring civil action
in the appropriate United States District Court requesting relief, including
a permanent or temporary injunction,
restraining order, or other order
against the person or entity, as the Attorney General deems necessary.
[52 FR 16221, May 1, 1987, as amended at 55
FR 25935, June 25, 1990; 56 FR 41786, Aug. 23,
1991; 64 FR 47101, Aug. 30, 1999; 73 FR 10136,
Feb. 26, 2008]

§ 274a.11

[Reserved]

Subpart B—Employment
Authorization

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§ 274a.12 Classes of aliens authorized
to accept employment.
(a) Aliens authorized employment incident to status. Pursuant to the statutory or regulatory reference cited, the
following classes of aliens are authorized to be employed in the United
States without restrictions as to location or type of employment as a condition of their admission or subsequent
change to one of the indicated classes.
Any alien who is within a class of
aliens described in paragraphs (a)(3),
(a)(4), (a)(6)–(a)(8), (a)(10)–(a)(15), or
(a)(20) of this section, and who seeks to
be employed in the United States, must
apply to U.S. Citizenship and Immigration Services (USCIS) for a document
evidencing such employment authorization. USCIS may, in its discretion,
determine the validity period assigned
to any document issued evidencing an

alien’s authorization to work in the
United States.
(1) An alien who is a lawful permanent resident (with or without conditions pursuant to section 216 of the
Act), as evidenced by Form I–551 issued
by the Service. An expiration date on
the Form I–551 reflects only that the
card must be renewed, not that the
bearer’s work authorization has expired;
(2) An alien admitted to the United
States as a lawful temporary resident
pursuant to sections 245A or 210 of the
Act, as evidenced by an employment
authorization document issued by the
Service;
(3) An alien admitted to the United
States as a refugee pursuant to section
207 of the Act for the period of time in
that status, as evidenced by an employment authorization document issued
by the Service;
(4) An alien paroled into the United
States as a refugee for the period of
time in that status, as evidenced by an
employment authorization document
issued by the Service;
(5) An alien granted asylum under
section 208 of the Act for the period of
time in that status, as evidenced by an
employment authorization document,
issued by USCIS to the alien. An expiration date on the employment authorization document issued by USCIS reflects only that the document must be
renewed, and not that the bearer’s
work authorization has expired. Evidence of employment authorization
shall be granted in increments not exceeding 5 years for the period of time
the alien remains in that status.
(6) An alien admitted to the United
States as a nonimmigrant fiance´ or
fiance´e
pursuant
to
section
101(a)(15)(K)(i) of the Act, or an alien
admitted as a child of such alien, for
the period of admission in that status,
as evidenced by an employment authorization document issued by the
Service;
(7) An alien admitted as a parent (N–
8) or dependent child (N–9) of an alien
granted permanent residence under
section 101(a)(27)(I) of the Act, as evidenced by an employment authorization document issued by the Service;
(8) An alien admitted to the United
States as a nonimmigrant pursuant to

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Department of Homeland Security

§ 274a.12

the Compact of Free Association between the United States and of the
Federated States of Micronesia, the
Republic of the Marshall Islands, or the
Republic of Palau;
(9) Any alien admitted as a nonimmigrant spouse pursuant to section
101(a)(15)(K)(ii) of the Act, or an alien
admitted as a child of such alien, for
the period of admission in that status,
as evidenced by an employment authorization document, with an expiration date issued by the Service;
(10) An alien granted withholding of
deportation or removal for the period
of time in that status, as evidenced by
an employment authorization document issued by the Service;
(11) An alien whose enforced departure from the United States has been
deferred in accordance with a directive
from the President of the United
States to the Secretary. Employment
is authorized for the period of time and
under the conditions established by the
Secretary pursuant to the Presidential
directive;
(12) An alien granted Temporary Protected Status under section 244 of the
Act for the period of time in that status, as evidenced by an employment
authorization document issued by the
Service;
(13) An alien granted voluntary departure by the Attorney General under
the Family Unity Program established
by section 301 of the Immigration Act
of 1990, as evidenced by an employment
authorization document issued by the
Service;
(14) An alien granted Family Unity
benefits under section 1504 of the Legal
Immigrant Family Equity (LIFE) Act
Amendments, Public Law 106–554, and
the provisions of 8 CFR part 245a, Subpart C of this chapter, as evidenced by
an employment authorization document issued by the Service;
(15) Any alien in V nonimmigrant
status
as
defined
in
section
101(a)(15)(V) of the Act and 8 CFR
214.15.
(16) An alien authorized to be admitted to or remain in the United States
as a nonimmigrant alien victim of a severe form of trafficking in persons
under section 101(a)(15)(T)(i) of the Act.
Employment authorization granted
under this paragraph shall expire upon

the expiration of the underlying T–1
nonimmigrant status granted by the
Service;
(17)–(18) [Reserved]
(19) Any alien in U–1 nonimmigrant
status, pursuant to 8 CFR 214.14, for
the period of time in that status, as
evidenced by an employment authorization document issued by USCIS to
the alien.
(20) Any alien in U–2, U–3, U–4, or U–
5 nonimmigrant status, pursuant to 8
CFR 214.14, for the period of time in
that status, as evidenced by an employment authorization document issued
by USCIS to the alien.
(b) Aliens authorized for employment
with a specific employer incident to status. The following classes of nonimmigrant aliens are authorized to be
employed in the United States by the
specific employer and subject to the restrictions described in the section(s) of
this chapter indicated as a condition of
their admission in, or subsequent
change to, such classification. An alien
in one of these classes is not issued an
employment authorization document
by the Service:
(1) A foreign government official (A–
1 or A–2), pursuant to § 214.2(a) of this
chapter. An alien in this status may be
employed only by the foreign government entity;
(2) An employee of a foreign government official (A–3), pursuant to
§ 214.2(a) of this chapter. An alien in
this status may be employed only by
the foreign government official;
(3) A foreign government official in
transit (C–2 or C–3), pursuant to
§ 214.2(c) of this chapter. An alien in
this status may be employed only by
the foreign government entity;
(4) [Reserved]
(5) A nonimmigrant treaty trader (E–
1) or treaty investor (E–2), pursuant to
§ 214.2(e) of this chapter. An alien in
this status may be employed only by
the treaty-qualifying company through
which the alien attained the status.
Employment authorization does not
extend to the dependents of the principal treaty trader or treaty investor
(also designated ‘‘E–1’’ or ‘‘E–2’’), other
than those specified in paragraph (c)(2)
of this section;
(6) A nonimmigrant (F–1) student
who is in valid nonimmigrant student

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§ 274a.12

8 CFR Ch. I (1–1–12 Edition)

status and pursuant to 8 CFR 214.2(f) is
seeking:
(i) On-campus employment for not
more than twenty hours per week when
school is in session or full-time employment when school is not in session
if the student intends and is eligible to
register for the next term or session.
Part-time on-campus employment is
authorized by the school and no specific endorsement by a school official
or Service officer is necessary;
(ii) [Reserved]
(iii) Curricular practical training (internships, cooperative training programs, or work-study programs which
are part of an established curriculum)
after having been enrolled full-time in
a Service approved institution for one
full academic year. Curricular practical training (part-time or full-time)
is authorized by the Designated School
Official on the student’s Form I–20. No
Service endorsement is necessary.
(iv) An employment authorization
document under paragraph (c)(3)(i)(C)
of this section based on a 17-month
STEM Optional Practical Training extension, and whose timely filed employment authorization request is
pending and employment authorization
issued under paragraph (c)(3)(i)(B) of
this section has expired. Employment
is authorized beginning on the expiration date of the authorization issued
under paragraph (c)(3)(i)(B) of this section and ending on the date of USCIS’
written decision on the current employment authorization request, but
not to exceed 180 days; or
(v) Pursuant to 8 CFR 214.2(h) is seeking H–1B nonimmigrant status and
whose duration of status and employment authorization have been extended
pursuant to 8 CFR 214.2(f)(5)(vi).
(7) A representative of an international organization (G–1, G–2, G–3, or
G–4), pursuant to § 214.2(g) of this chapter. An alien in this status may be employed only by the foreign government
entity or the international organization;
(8) A personal employee of an official
or representative of an international
organization
(G–5),
pursuant
to
§ 214.2(g) of this chapter. An alien in
this status may be employed only by
the official or representative of the
international organization;

(9) A temporary worker or trainee
(H–1, H–2A, H–2B, or H–3), pursuant to
§ 214.2(h) of this chapter. An alien in
this status may be employed only by
the petitioner through whom the status was obtained. In the case of a professional H–2B athlete who is traded
from one organization to another organization, employment authorization
for the player will automatically continue for a period of 30 days after acquisition by the new organization,
within which time the new organization is expected to file a new Form I–
129 to petition for H–2B classification.
If a new Form I–129 is not filed within
30 days, employment authorization will
cease. If a new Form I–129 is filed within 30 days, the professional athlete’s
employment authorization will continue until the petition is adjudicated.
If the new petition is denied, employment authorization will cease;
(10) An information media representative (I), pursuant to § 214.2(i) of this
chapter. An alien in this status may be
employed only for the sponsoring foreign news agency or bureau. Employment authorization does not extend to
the dependents of an information
media representative (also designated
‘‘I’’);
(11) An exchange visitor (J–1), pursuant to § 214.2(j) of this chapter and 22
CFR part 62. An alien in this status
may be employed only by the exchange
visitor program sponsor or appropriate
designee and within the guidelines of
the program approved by the Department of State as set forth in the Form
DS–2019, Certificate of Eligibility,
issued by the program sponsor;
(12) An intra-company transferee (L–
1), pursuant to § 214.2(1) of this chapter.
An alien in this status may be employed only by the petitioner through
whom the status was obtained;
(13) An alien having extraordinary
ability in the sciences, arts, education,
business, or athletics (O–1), and an accompanying alien (O–2), pursuant to
§ 214.2(o) of this chapter. An alien in
this status may be employed only by
the petitioner through whom the status was obtained. In the case of a professional O–1 athlete who is traded
from one organization to another organization, employment authorization

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Department of Homeland Security

§ 274a.12

for the player will automatically continue for a period of 30 days after the
acquisition by the new organization,
within which time the new organization is expected to file a new Form I–
129 petition for O nonimmigrant classification. If a new Form I–129 is not
filed within 30 days, employment authorization will cease. If a new Form I–
129 is filed within 30 days, the professional athlete’s employment authorization will continue until the petition is
adjudicated. If the new petition is denied, employment authorization will
cease.
(14) An athlete, artist, or entertainer
(P–1, P–2, or P–3), pursuant to § 214.2(p)
of this chapter. An alien in this status
may be employed only by the petitioner through whom the status was
obtained. In the case of a professional
P–1 athlete who is traded from one organization to another organization,
employment authorization for the
player will automatically continue for
a period of 30 days after the acquisition
by the new organization, within which
time the new organization is expected
to file a new Form I–129 for P–1 nonimmigrant classification. If a new
Form I–129 is not filed within 30 days,
employment authorization will cease.
If a new Form I–129 is filed within 30
days, the professional athlete’s employment authorization will continue
until the petition is adjudicated. If the
new petition is denied, employment authorization will cease;
(15) An international cultural exchange visitor (Q–1), according to
§ 214.2(q)(1) of this chapter. An alien
may only be employed by the petitioner through whom the status was
obtained;
(16) An alien having a religious occupation, pursuant to § 214.2(r) of this
chapter. An alien in this status may be
employed only by the religious organization through whom the status was
obtained;
(17) Officers and personnel of the
armed services of nations of the North
Atlantic Treaty Organization, and representatives, officials, and staff employees of NATO (NATO–1, NATO–2,
NATO–3, NATO–4, NATO–5 and NATO–
6), pursuant to § 214.2(o) of this chapter.
An alien in this status may be employed only by NATO;

(18) An attendant, servant or personal employee (NATO–7) of an alien
admitted as a NATO–1, NATO–2,
NATO–3, NATO–4, NATO–5, or NATO–6,
pursuant to § 214.2(o) of this chapter.
An alien admitted under this classification may be employed only by the
NATO alien through whom the status
was obtained;
(19) A nonimmigrant pursuant to section 214(e) of the Act. An alien in this
status must be engaged in business activities at a professional level in accordance with the provisions of Chapter 16 of the North American Free
Trade Agreement (NAFTA);
(20) A nonimmigrant alien within the
class of aliens described in paragraphs
(b)(2), (b)(5), (b)(8), (b)(9), (b)(10), (b)(11),
(b)(12), (b)(13), (b)(14), (b)(16), and (b)(19)
of this section whose status has expired
but who has filed a timely application
for an extension of such stay pursuant
to §§ 214.2 or 214.6 of this chapter. These
aliens are authorized to continue employment with the same employer for a
period not to exceed 240 days beginning
on the date of the expiration of the authorized period of stay. Such authorization shall be subject to any conditions and limitations noted on the initial authorization. However, if the district director or service center director
adjudicates the application prior to the
expiration of this 240 day period and
denies the application for extension of
stay, the employment authorization
under this paragraph shall automatically terminate upon notification of
the denial decision;
(21) A nonimmigrant alien within the
class of aliens described in 8 CFR
214.2(h)(1)(ii)(C) who filed an application for an extension of stay pursuant
to 8 CFR 214.2 during his or her period
of admission. Such alien is authorized
to be employed by a new employer that
has filed an H–2A petition naming the
alien as a beneficiary and requesting
an extension of stay for the alien for a
period not to exceed 120 days beginning
from the ‘‘Received Date’’ on Form I–
797 (Notice of Action) acknowledging
receipt of the petition requesting an
extension of stay, provided that the
employer has enrolled in and is a participant in good standing in the EVerify program, as determined by

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§ 274a.12

8 CFR Ch. I (1–1–12 Edition)

USCIS in its discretion. Such authorization will be subject to any conditions and limitations noted on the initial authorization, except as to the employer and place of employment. However, if the District Director or Service
Center director adjudicates the application prior to the expiration of this
120-day period and denies the application for extension of stay, the employment authorization under this paragraph (b)(21) shall automatically terminate upon 15 days after the date of
the denial decision. The employment
authorization shall also terminate
automatically if the employer fails to
remain a participant in good standing
in the E-Verify program, as determined
by USCIS in its discretion;
(22) An alien in E–2 CNMI Investor
nonimmigrant status pursuant to 8
CFR 214.2(e)(23). An alien in this status
may be employed only by the qualifying company through which the alien
attained the status. An alien in E–2
CNMI Investor nonimmigrant status
may be employed only in the Commonwealth of the Northern Mariana Islands
for a qualifying entity. An alien who
attained E–2 CNMI Investor nonimmigrant status based upon a Foreign
Retiree Investment Certificate or Certification is not employment-authorized. Employment authorization does
not extend to the dependents of the
principal investor (also designated E–2
CNMI Investor nonimmigrants) other
than those specified in paragraph
(c)(12) of this section;
(23) A Commonwealth of the Northern Mariana Islands transitional worker (CW–1) pursuant to 8 CFR 214.2(w).
An alien in this status may be employed only in the CNMI during the
transition period, and only by the petitioner through whom the status was
obtained, or as otherwise authorized by
8 CFR 214.2(w). An alien who is lawfully
present in the CNMI (as defined by 8
CFR 214.2(w)(1)(v)) on or before November 27, 2011, is authorized to be employed in the CNMI, and is so employed
in the CNMI by an employer properly
filing an application under 8 CFR
214.2(w)(14)(ii) on or before such date
for a grant of CW–1 status to its employee in the CNMI for the purpose of
the alien continuing the employment,
is authorized to continue such employ-

ment on or after November 27, 2011,
until a decision is made on the application; or
(24) An alien who is authorized to be
employed in the Commonwealth of the
Northern Mariana Islands for a period
of up to 2 years following the transition program effective date, under section 6(e)(2) of Public Law 94–241, as
added by section 702(a) of Public Law
110–229. Such alien is only authorized
to continue in the same employment
that he or she had on the transition
program effective date as defined in 8
CFR 1.1 until the earlier of the date
that is 2 years after the transition program effective date or the date of expiration of the alien’s employment authorization, unless the alien had unrestricted employment authorization or
was otherwise authorized as of the
transition program effective date to
change employers, in which case the
alien may have such employment privileges as were authorized as of the transition program effective date for up to
2 years.
(c) Aliens who must apply for employment authorization. An alien within a
class of aliens described in this section
must apply for work authorization. If
authorized, such an alien may accept
employment subject to any restrictions
stated in the regulations or cited on
the employment authorization document. USCIS, in its discretion, may establish a specific validity period for an
employment authorization document,
which may include any period when an
administrative appeal or judicial review of an application or petition is
pending.
(1) An alien spouse or unmarried dependent child; son or daughter of a foreign government official (A–1 or A–2)
pursuant to 8 CFR 214.2(a)(2) and who
presents an endorsement from an authorized representative of the Department of State;
(2) An alien spouse or unmarried dependent son or daughter of an alien
employee of the Coordination Council
for North American Affairs (E–1) pursuant to § 214.2(e) of this chapter;
(3) A nonimmigrant (F–1) student
who:
(i)(A) Is seeking pre-completion practical training pursuant to 8 CFR
214.2(f)(10)(ii)(A)(1)–(2);

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Department of Homeland Security

§ 274a.12

(B) Is seeking authorization to engage in post-completion Optional Practical Training (OPT) pursuant to 8 CFR
214.2(f)(10)(ii)(A)(3); or
(C) Is seeking a 17-month STEM OPT
extension
pursuant
to
8
CFR
214.2(f)(10)(ii)(C);
(ii) Has been offered employment
under the sponsorship of an international organization within the meaning of the International Organization
Immunities Act (59 Stat. 669) and who
presents a written certification from
the international organization that the
proposed employment is within the
scope of the organization’s sponsorship.
The F–1 student must also present a
Form I–20 ID or SEVIS Form I–20 with
employment page completed by DSO
certifying eligibility for employment;
or
(iii) Is seeking employment because
of severe economic hardship pursuant
to 8 CFR 214.2(f)(9)(ii)(C) and has filed
the Form I–20 ID and Form I–538 (for
non-SEVIS schools), or SEVIS Form I–
20 with employment page completed by
the DSO certifying eligibility, and any
other supporting materials such as affidavits which further detail the unforeseen economic circumstances that require the student to seek employment
authorization.
(4) An alien spouse or unmarried dependent child; son or daughter of a foreign government official (G–1, G–3 or
G–4) pursuant to 8 CFR 214.2(g) and who
presents an endorsement from an authorized representative of the Department of State;
(5) An alien spouse or minor child of
an exchange visitor (J–2) pursuant to
§ 214.2(j) of this chapter;
(6) A nonimmigrant (M–1) student
seeking employment for practical
training pursuant to 8 CFR 214.2(m) following completion of studies. The alien
may be employed only in an occupation
or vocation directly related to his or
her course of study as recommended by
the endorsement of the designated
school official on the I–20 ID;
(7) A dependent of an alien classified
as NATO–1 through NATO–7 pursuant
to § 214.2(n) of this chapter;
(8) An alien who has filed a complete
application for asylum or withholding
of deportation or removal pursuant to 8
CFR part 208, whose application:

(i) Has not been decided, and who is
eligible to apply for employment authorization under § 208.7 of this chapter
because the 150-day period set forth in
that section has expired. Employment
authorization may be granted according to the provisions of § 208.7 of this
chapter in increments to be determined
by the Commissioner and shall expire
on a specified date; or
(ii) Has been recommended for approval, but who has not yet received a
grant of asylum or withholding or deportation or removal;
(9) An alien who has filed an application for adjustment of status to lawful
permanent resident pursuant to part
245 of this chapter. For purposes of section 245(c)(8) of the Act, an alien will
not be deemed to be an ‘‘unauthorized
alien’’ as defined in section 274A(h)(3)
of the Act while his or her properly
filed Form I–485 application is pending
final adjudication, if the alien has otherwise obtained permission from the
Service pursuant to 8 CFR 274a.12 to
engage in employment, or if the alien
had been granted employment authorization prior to the filing of the adjustment application and such authorization does not expire during the pendency of the adjustment application.
Upon meeting these conditions, the adjustment applicant need not file an application for employment authorization to continue employment during
the period described in the preceding
sentence;
(10) An alien who has filed an application for suspension of deportation
under section 244 of the Act (as it existed prior to April 1, 1997), cancellation of removal pursuant to section
240A of the Act, or special rule cancellation of removal under section
309(f)(1) of the Illegal Immigration Reform and Immigrant Responsibility
Act of 1996, enacted as Pub. L. 104–208
(110 Stat. 3009–625) (as amended by the
Nicaraguan Adjustment and Central
American Relief Act (NACARA)), title
II of Pub. L. 105–100 (111 Stat. 2160, 2193)
and whose properly filed application
has been accepted by the Service or
EOIR.
(11) An alien paroled into the United
States temporarily for emergency reasons or reasons deemed strictly in the

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§ 274a.12

8 CFR Ch. I (1–1–12 Edition)

public interest pursuant to § 212.5 of
this chapter;
(12) An alien spouse of a long-term
investor in the Commonwealth of the
Northern Mariana Islands (E–2 CNMI
Investor) other than an E–2 CNMI investor who obtained such status based
upon a Foreign Retiree Investment
Certificate,
pursuant
to
8
CFR
214.2(e)(23). An alien spouse of an E–2
CNMI Investor is eligible for employment in the CNMI only;
(13) [Reserved]
(14) An alien who has been granted
deferred action, an act of administrative convenience to the government
which gives some cases lower priority,
if the alien establishes an economic necessity for employment;
(15) [Reserved]
(16) Any alien who has filed an application for creation of record of lawful
admission for permanent residence pursuant to part 249 of this chapter.
(17) A nonimmigrant visitor for business (B–1) who:
(i) Is a personal or domestic servant
who is accompanying or following to
join an employer who seeks admission
into, or is already in, the United States
as a nonimmigrant defined under sections 101(a)(15) (B), (E), (F), (H), (I), (J),
(L) or section 214(e) of the Act. The
personal or domestic servant shall have
a residence abroad which he or she has
no intention of abandoning and shall
demonstrate at least one year’s experience as a personal or domestic servant.
The nonimmigrant’s employer shall
demonstrate that the employer/employee relationship has existed for at
least one year prior to the employer’s
admission to the United States; or, if
the employer/employee relationship existed for less than one year, that the
employer has regularly employed (either year-round or seasonally) personal
or domestic servants over a period of
several years preceding the employer’s
admission to the United States;
(ii) Is a domestic servant of a United
States citizen accompanying or following to join his or her United States
citizen employer who has a permanent
home or is stationed in a foreign country, and who is visiting temporarily in
the United States. The employer/employee relationship shall have existed

prior to the commencement of the employer’s visit to the United States; or
(iii) Is an employee of a foreign airline engaged in international transportation of passengers freight, whose position with the foreign airline would
otherwise entitle the employee to classification under section 101(a)(15)(E)(i)
of the Immigration and Nationality
Act, and who is precluded from such
classification solely because the employee is not a national of the country
of the airline’s nationality or because
there is no treaty of commerce and
navigation in effect between the United
States and the country of the airline’s
nationality.
(18) An alien against whom a final
order of deportation or removal exists
and who is released on an order of supervision under the authority contained in section 241(a)(3) of the Act
may be granted employment authorization in the discretion of the district director only if the alien cannot be removed due to the refusal of all countries designated by the alien or under
section 241 of the Act to receive the
alien, or because the removal of the
alien is otherwise impracticable or
contrary to the public interest. Additional factors which may be considered
by the district director in adjudicating
the application for employment authorization include, but are not limited
to, the following:
(i) The existence of economic necessity to be employed;
(ii) The existence of a dependent
spouse and/or children in the United
States who rely on the alien for support; and
(iii) The anticipated length of time
before the alien can be removed from
the United States.
(19) An alien applying for Temporary
Protected Status pursuant to section
244 of the Act shall apply for employment authorization only in accordance
with the procedures set forth in part
244 of this chapter.
(20) Any alien who has filed a completed legalization application pursuant to section 210 of the Act (and part
210 of this chapter).
(21) A principal nonimmigrant witness or informant in S classification,
and qualified dependent family members.

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Department of Homeland Security

§ 274a.13

(22) Any alien who has filed a completed legalization application pursuant to section 245A of the Act (and part
245a of this chapter). Employment authorization shall be granted in increments not exceeding 1 year during the
period the application is pending (including any period when an administrative appeal is pending) and shall expire on a specified date.
(23) [Reserved]
(24) An alien who has filed an application for adjustment pursuant to section 1104 of the LIFE Act, Public Law
106–553, and the provisions of 8 CFR
part 245a, Subpart B of this chapter.
(25) An immediate family member of
a T–1 victim of a severe form of trafficking in persons designated as a T–2,
T–3 or T–4 nonimmigrant pursuant to
§ 214.11 of this chapter. Aliens in this
status shall only be authorized to work
for the duration of their T nonimmigrant status.
(d) An alien lawfully enlisted in one
of the Armed Forces, or whose enlistment the Secretary with jurisdiction
over such Armed Force has determined
would be vital to the national interest
under 10 U.S.C. 504(b)(2), is authorized
to be employed by that Armed Force in
military service, if such employment is
not otherwise authorized under this
section and the immigration laws. An
alien described in this section is not
issued an employment authorization
document.
(e) Basic criteria to establish economic
necessity. Title 45—Public Welfare, Poverty Guidelines, 45 CFR 1060.2 should be
used as the basic criteria to establish
eligibility for employment authorization when the alien’s economic necessity is identified as a factor. The alien
shall submit an application for employment authorization listing his or her
assets, income, and expenses as evidence of his or her economic need to
work. Permission to work granted on
the basis of the alien’s application for
employment authorization may be revoked under § 274a.14 of this chapter
upon a showing that the information
contained in the statement was not
true and correct.
EDITORIAL NOTE: For FEDERAL REGISTER citations affecting § 274a.12, see the List of
CFR Sections Affected, which appears in the

Finding Aids section in the printed volume
and at www.fdsys.gov.

§ 274a.13 Application for employment
authorization.
(a) Application. Aliens authorized to
be
employed
under
sections
274a.12(a)(3), (4), (6) through (8), (a)(10)
through (15), and (a)(20) must file an
application in order to obtain documentation evidencing this fact.
(1) Aliens who may apply for employment authorization under 8 CFR
274a.12(c), except for those who may
apply under 8 CFR 274a.12(c)(8), must
apply on the form designated by USCIS
with the fee prescribed in 8 CFR
103.7(b)(1) and in accordance with the
form instructions. The approval of applications filed under 8 CFR 274a.12(c),
except for 8 CFR 274a.12(c)(8), are within the discretion of USCIS. Where economic necessity has been identified as
a factor, the alien must provide information regarding his or her assets, income, and expenses.
(2) An initial employment authorization request for asylum applicants
under 8 CFR 274a.12(c)(8) must be filed
on the form designated by USCIS in accordance with the form instructions.
The applicant also must submit a copy
of the underlying application for asylum or withholding of deportation, together with evidence that the application has been filed in accordance with
8 CFR 208.3 and 208.4. An application
for an initial employment authorization or for a renewal of employment
authorization filed in relation to a
pending claim for asylum shall be adjudicated in accordance with 8 CFR 208.7.
An application for renewal or replacement of employment authorization
submitted in relation to a pending
claim for asylum, as provided in 8 CFR
208.7, must be filed, with fee or application for waiver of such fee.
(b) Approval of application. If the application is granted, the alien shall be
notified of the decision and issued an
employment authorization document
valid for a specific period and subject
to any terms and conditions as noted.
(c) Denial of application. If the application is denied, the applicant shall be
notified in writing of the decision and
the reasons for the denial. There shall

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