EAD Categories and Codes: L-2 Spouses May Work Without an EAD
This article explains what a U.S. Employment Authorization Document (EAD) is and who needs one, notes that under USCIS's November 2021 policy and its March 18, 2022 announcement L-2 dependents may work using an I-94 showing the L-2S class without a separate EAD, and lists USCIS EAD categories and codes with whether each qualifies for a 180-day automatic extension.
The Employment Authorization Document (EAD) is a document issued by USCIS to foreign nationals authorizing them to work legally in the United States. An EAD holder may work legally for any employer. Work visas such as H-1B and L-1 allow the holder to work for a specific employer without an EAD; if such individuals also hold an EAD, they may use it to work for another company, but doing so will cause their H-1B/L-1 status to be invalidated. Green card holders may work for any employer without an EAD.
L-2 Can Work Legally Without an EAD
Under the new policy released by USCIS in November 2021, dependents of E and L visa holders may work directly without needing to apply for a separate EAD. The L dependent visa is L-2, and upon entry the I-94 record will show a new category, L-2S. On March 18, 2022, USCIS announced that L-2 visa holders aged 21 or older may work legally based on this I-94; when completing the I-9 form at hire, the employer may use the L-2S I-94 as a List C document.
Form I-9
EAD Categories and Codes
EAD
The EAD shown in the image above is marked "Category C09," which corresponds to applicants who have filed I-485 and are awaiting adjustment of status. Different statuses fall under different EAD application categories. Below is the explanation provided on the USCIS website, translated into Chinese by us; the original text is available here. For certain categories, as long as a timely extension application is filed before expiration, the EAD is automatically extended for 180 days; see {https://gonglue.us/39954} for details.
| Code | Description | 180-Day Automatic Extension |
|---|---|---|
| A02 | INA 245A/210 Lawful Temporary Resident | No |
| A03 | Refugee | Yes |
| A04 | Paroled Refugee | No |
| A05 | Political Asylum | Yes |
| A06 | K1/K2 (Fiancé(e) of a U.S. Citizen and Children) | No |
| A07 | N-8/N-9 Status | Yes |
| A08 | Citizens of Micronesia, the Marshall Islands, and Palau | Yes |
| A09 | K-3/K-4 (Spouse and Children of a U.S. Citizen) | No |
| A10 | Withholding of Removal/Deportation | Yes |
| A11 | Deferred Enforced Departure/DED | No |
| A12 | Temporary Protected Status/TPS – 8 CFR 244.12 | Yes |
| A13 | Family Unity Beneficiary under the Immigration Act of 1990 | No |
| A14 | Family Unity Beneficiary under the Legal Immigration and Family Equity Act | No |
| A15 | V-1/V-2/V-3 Status | No |
| A16 | T-1 Status | No |
| A17 | Spouse of E-1/E-2/E-3 | No |
| A18 | L2 Status (Spouse of L1; L1 is Intracompany Transferee) | No |
| A19 | U1 Status | No |
| A20 | U-2/U-3/U-4/U-5 Status | No |
| C01 | Dependent Status of A-1/A-2 | No |
| C02 | Dependent Status of E-1 | No |
| C03A | F-1 Visa Pre-OPT | No |
| C03B | F-1 Visa Post-OPT | No |
| C03C | STEM Student OPT 24-Month Extension | No |
| C03(ii) | F-1 Status Off-Campus Employment Sponsored by an International Organization | No |
| C03(iii) | F-1 Status Off-Campus Employment Due to Economic Hardship | No |
| C04 | Family Member of G Visa (Representative of an International Organization) | No |
| C05 | J-2 Status (Dependent of J-1) | No |
| C06 | M-1 Student Status | No |
| C07 | Dependent of NATO Status | No |
| C08 | Pending Political Asylum Filed After January 4, 1995 | Yes |
| C09 | Pending Adjustment of Status (I-485 Already Filed) | Yes |
| C10 | Deferred Removal | Yes |
| C11 | Admitted to the United States in the Public Interest | No |
| C12 | Spouse of E-2 Visa (CNMI Investor) | No |
| C14 | Deferred Removal | No |
| C16 | Applicant Continuously Present in the U.S. Since January 1, 1972 | Yes |
| C17(i) | B1 – Nonimmigrant Domestic Worker | No |
| C17(ii) | B1 – Domestic Worker of a U.S. Citizen | No |
| C17(iii) | B1 – Employee of a Foreign Airline | No |
| C18 | Undocumented Immigrant Under a Final Order of Removal/Under Supervision | No |
| C19 | Temporary Protected Status/TPS – 8 CFR 244.5 | Yes |
| C20 | Legalization Application – Special Agricultural Worker | Yes |
| C22 | Legalization Application – INA 245A | Yes |
| C24 | Legalization Applicant under the Legal Immigration and Family Equity Act | Yes |
| C25 | Dependent Status of T-1 | No |
| C26 | Eligible H-4 (Spouse of H-1B) | No |
| C31 | Victim of Domestic Violence | Yes |
| C33 | DACA Dreamer | No |
Categories Eligible for a 180-Day Automatic Extension
See [https://gonglue.us/39954]
