When a Work Permit Is Allowed for Non-Immigrants

Whether a non-immigrant can work in the U.S. depends on status type and, in some cases, a separate Employment Authorization Document (EAD). Below is a practical overview.

1) “Incident to status” work (no EAD needed).
Some categories are employment-authorized as part of their status. Examples: H-1B, L-1, E-1/E-2/E-3, O, P, R, TN (for the petitioned/authorized employer). E-3 principals and TN principals may work only for the listed employer.

2) EAD required to work.

• F-1 students: May work via CPT (through the school) or OPT (pre/post-completion) with an EAD. Eligible STEM graduates can request a 24-month STEM OPT extension.
• J-1 exchange visitors: Program-authorized employment; J-2 spouses need an EAD.
• M-1 students: Limited practical training with EAD after completion.
• H-4 spouses: May obtain an EAD if the H-1B principal has an approved I-140 or qualifies under AC21 provisions.
• Other niche categories: Some non-immigrants may qualify for EADs under specific regulations (e.g., compelling circumstances).

3) Not employment-authorized.
B-1/B-2 visitors and Visa Waiver (WB/WT) entrants cannot work. Business visitors may perform limited, unpaid business activities (meetings, negotiations) but no productive employment for a U.S. entity.

4) Status maintenance and I-9 tips.
Work must match the status (employer, role, location). Unauthorized employment can violate status and jeopardize future benefits. For I-9, employers may rely on:

• Valid I-94 showing employment-authorized status; or
• An unexpired EAD (or eligible automatic extension with a timely-filed renewal and receipt).

How we help
We assess your category, plan the fastest route to work authorization, prepare filings (CPT/OPT, EADs), and coordinate employer compliance so you can start or continue working lawfully.