Depending on the type of US Visa, foreign nationals are issued an Employment Authorization Document(EAD) by USCIS that allows them to work in the US. USCIS identifies this work authorization-related EAD given for a type of visa by a category code.
Identifying the correct EAD category code is crucial during the application process and renewal to ensure you receive the EAD card with the correct code. This article will provide details on the Employment Authorization Document(EAD) Category Codes, the complete list of the codes, and which categories are eligible for the 540-day automatic extension.
Before we get into the list of total EAD codes, let’s look at some background of the EAD Code and how it appears on the actual card.
What is an Employment Authorization Document Code or EAD Code?
USCIS provides work authorization to certain visa holders and spouses in the US. Eligible individuals need to apply with USCIS using Form I-765 and specify their category of work authorization in the application. In the context of US immigration, this category of employment authorization is referred to as the Employment Authorization Document(EAD) Code.
The EAD code is also visible on the Employment Authorization Card (EAD) card issued by the USCIS. The EAD Card issued by USCIS is also called as I-766 form. Don’t be confused by the name form after I-766; it is simply the EAD Card.
Below is a screenshot of the latest EAD Card redesigned in 2023. It has the EAD Category Code circled for your reference.
Also, the EAD category codes are completely different from Green Card Category Codes. Even though they look the same or similar, they mean completely different things.
For example, the C26 code under the EAD Category code means EAD given for H4 visa holders. But, the C26 code under the Green Card category codes is given for spouses of Lawful Permanent Residents, who are subject to country limits and get green cards using the adjustment of status option. So, do not be confused.
Up to 540 Days Automatic Extension of EAD to Work
As part of the USCIS modernization efforts, in April 2024, USCIS announced that, depending on the category code of the EAD issued by USCIS, one can work for up to 540 days while the EAD application is pending with USCIS. This is called the 540-day automatic extension of EAD. ‘
Later, in December 2024, USCIS published a final rule in the federal register that permanently increased the EAD automatic extension period from 180 days to 540 days. You can read more in the article: USCIS Final rule increased EAD automatic extension to 540 days.
In the past, the automatic extension period for EAD was 180 days. This was increased to 540 days by USCIS using the proper rulemaking process.
Conditions for Automatic 540 Days Extension of EAD for Certain Category Codes
- Properly filed EAD renewal before the current EAD Expiration. It means that you should have the “Received Date” on the receipt notice of the EAD before the “Card Expires date” shown on the EAD card. Also, the “received date” is on or after May 4, 2022.
- EAD Category code falls under the eligible category as classified by USCIS, as listed ( see below): A03, A05, A07, A08, A10, A17*, A18*, C08, C09, C10, C16, C20, C22, C26*, C24, C31, and A12 or C19.
- Also, the Category Code on your current valid EAD Card matches with the “Class Requested” or “Eligibility Category” on the EAD receipt notice.
* Only certain employees who file the EAD timely before the Form I-94 expiration, using I-765 are eligible for categories of A17, A18, and C26 are eligible for the automatic extension.
Before we look at the entire list of EAD Codes, let’s look at some of the codes with examples
F1 OPT Student – C03A, C03B, C03C EAD Category Codes
All the codes that starts with C03 fall under the F1 Visa Students’ Optional Practical Training(OPT). Below are what they mean
- C03A EAD Category Code is given for anyone who are applying for pre-completion OPT. Usually, this is used by students before their graduation.
- C03B EAD Category Code is given for anyone who are applying for Post-completion OPT. This is for anyone applying for OPT to work after they graduate from the degree program.
- C03C EAD Category Code is specifically given for anyone apply for 24-month OPT extension under the Science, Technology, Engineering, or Mathematics (STEM) degree category.
All the three EAD category codes for F1 OPT students are not eligible for 540 days automatic extension.
Below is a screenshot of the previous EAD Card that was issued before 2023. You can see the Category Code pointed with a red arrow for your reference. The current card design has been updated, but the underlying EAD Category code remains unchanged.
H4 EAD Applicants – C26 EAD Category Code
As an H4 Visa holder, if you are eligible to apply for EAD, you would get the EAD card with the category code as C26. After you get the EAD card, you must verify to ensure that the category code is correct. If not, you may not be able to avail the benefits of automatic extension and it can complicate your life.
The C26 Category is eligible for up to 540 days of automatic extension if you do a timely filing before the I-94 Expiration. The 540 days would be cut short until the I-94 ending date, if the I-94 expiration is earlier than 540 days.
Now that we have reviewed a few, below is a comprehensive list of EAD category codes, along with their eligibility for 540 days, as indicated in the table.
List of EAD Category Codes with 540 Days Automatic Eligibility Info
|
USCIS EAD Category Code |
EAD Category Eligibility Description |
Automatic Extension Eligibility |
|
A02 |
A lawful temporary resident pursuant to sections 245A or 210 of the INA |
Not eligible |
|
A03 |
Refugee |
Yes, up to 540 days |
|
A04 |
Paroled as refugee |
Not eligible |
|
A05 |
Asylee (granted asylum) |
Yes, up to 540 days |
|
A06 |
|
Not eligible |
|
A07 |
|
Yes, up to 540 days |
|
A08 |
Citizen of Micronesia, the Marshall Islands or Palau admitted as a nonimmigrant |
Yes, up to 540 days |
|
A09 |
|
Not eligible |
|
A10 |
Granted Withholding of Deportation or Removal |
Yes, up to 540 days |
|
A11 |
Deferred Enforced Departure (DED) |
Not eligible |
|
A12 |
Temporary Protected Status (TPS) granted under 8 CFR 244.12 |
Yes, up to 540 days |
|
A13 |
IMMACT Family Unity beneficiary (Section 301 of the Immigration Act of 1990) |
Not eligible |
|
A14 |
LIFE Act Family Unity beneficiary (Section 1504 of the Legal Immigrant Family Equity (LIFE) Act Amendments) |
Not eligible |
|
A15 |
|
Not eligible |
|
A16 |
T-1 nonimmigrant (victims of severe forms of trafficking) |
Not eligible |
|
A17 |
|
Yes*, up to 540 days or before I-94 expiration, whichever is earlier. (*must timely file before I-94 expiry) |
|
A18 |
L2 spouse of an L1 visa intracompany transfer |
Yes*, up to 540 days or before I-94 expiration, whichever is earlier. (*must timely file before I-94 expiry) |
|
A19 |
U1 nonimmigrant (victims of certain criminal activity) |
Not eligible |
|
A20 |
|
Not eligible |
|
C01 |
Dependent of A-1 or A-2 foreign government official |
Not eligible |
|
C02 |
Dependent of TECRO (Taipei Economic and Cultural Representative Office) E-1 Non-immigrant |
Not eligible |
|
C03A |
Pre-completion OPT F1 visa students |
Not eligible |
|
C03B |
Post-completion OPT F1 visa students |
Not eligible |
|
C03C |
24-month extension for Science, Technology, Engineering, or Mathematics (STEM) OPT students |
Not eligible |
|
C03(ii) |
F-1 student offered off-campus employment under the Sponsorship of Qualifying International Organization |
Not eligible |
|
C03(iii) |
F-1 student seeking off-campus employment due to severe economic hardship |
Not eligible |
|
C04 |
Spouse or unmarried dependent child of G-1, G-3 or G-4 nonimmigrant (Representative of International Organization and their dependents) |
Not eligible |
|
C05 |
J-2 spouse or minor child of a J-1 exchange visitor |
Not eligible |
|
C06 |
M-1 student seeking practical training after completing studies |
Not eligible |
|
C07 |
Dependent of NATO-1 through NATO-7 nonimmigrant |
Not eligible |
|
C08 |
Asylum applicant (w/ pending asylum application) who filed for asylum on or after January 4, 1995 |
Yes, up to 540 days |
|
C09 |
Adjustment of status applicant |
Yes, up to 540 days |
|
C10 |
|
Yes, up to 540 days |
|
C11 |
An alien paroled into the United States in the public interest or temporarily for emergency reasons |
Not eligible |
|
C12 |
Spouse of an E-2 Commonwealth of the Northern Mariana Islands (CNMI) investor; eligible for employment in the CNMI only |
Not eligible |
|
C14 |
Alien granted deferred action |
Not eligible |
|
C16 |
Registry applicant based on continuous residence since January 1, 1972 |
Yes, up to 540 days |
|
C17(i) |
B1 nonimmigrant who is the personal or domestic servant of a nonimmigrant employer |
Not eligible |
|
C17(ii) |
B1 non-immigrant domestic servant of a U.S. citizen |
Not eligible |
|
C17(iii) |
B1 non-immigrant employed by a foreign airline |
Not eligible |
|
C18 |
Alien with a final order of deportation/order of supervision; |
Not eligible |
|
C19 |
Temporary Protected Status applicant under 8 CFR 244.5 |
Yes, up to 540 days |
|
C20 |
Alien who has filed a completed legalization application for special agricultural workers |
Yes, up to 540 days |
|
C21 |
S visa non-immigrant |
Not eligible |
|
C22 |
Alien who has filed a completed legalization application under INA 245A |
Yes, up to 540 days |
|
C23 |
Irish peace process (Q-2) |
|
|
C24 |
LIFE legalization applicant |
Yes, up to 540 days |
|
C25 |
|
Not eligible |
|
C26 |
Certain H4 Visa spouses of H1B holders qualify for it. Check Apply H4 EAD Guide |
Yes*, up to 540 days or before I-94 expiration, whichever is earlier. (*must timely file before I-94 expiry) |
|
C27 |
Abused spouse of an A non-immigrant |
Not eligible |
|
C28 |
Abused spouse of an E-3 nonimmigrant |
Not eligible |
|
C29 |
Abused spouse of a G non-immigrant |
Not eligible |
|
C30 |
Abused spouse of an H nonimmigrant |
Not eligible |
|
C31 |
|
Yes, up to 540 days |
|
C33 |
An alien who has been granted Deferred Action for Childhood Arrivals (DACA) |
Not eligible |
|
C35 |
The principal beneficiary of an approved employment-based immigrant petition facing compelling circumstances |
Not eligible |
|
C36 |
Spouse or unmarried child of a principal beneficiary of an approved employment-based immigrant petition facing compelling circumstances |
Not eligible |
Yes, they are both the same. The main difference is that when you enter the EAD Category Code, you must enter it with parentheses. When it is printed on the EAD Card, the parentheses are removed, and the code is converted to uppercase.
Example: EAD Category Code for F1 Visa Post-completion OPT is C03B on the EAD Card, but when you apply, you would enter it in the form as (c)(3)(B) as per I-765 instructions. Technically, both are the same. If you notice, the parenthesis is removed and a zero is added in front for the same on the EAD card.
No, only F1 OPT and STEM OPT extension applicants can file the I-765 form online. The provision for online submission was added for F1 Students in April 2021. Check the USCIS press release
References :
