AOS - Adjustment of Status (AOS) Applicant Individuals with a pending Adjustment of Status application under Section 245 of the INA with a valid EAD.

Employee may be granted up to 180 days of extended employment authorization while a timely-filed EAD extension is pending with USCIS.

• Valid Employment Authorization Document (EAD)[(c)(9) or (c)(16) or (c)(24)]
• DEUS*



If EAD Extension is Pending:

• Form I-797 Receipt Notice (copy acceptable)
• Current EAD
• DEUS*

A-1, A-2 - Foreign Diplomatic Personnel (and Dependents)

Individuals in the U.S as employees of a foreign government, e.g., ambassador, minister, diplomat, or consular officer.

Principal

• Not authorized to work as a contractor at NIH

Dependent

• Valid EAD [(c)(1)]
• DEUS*

B-1 - Visitor for Business

Individuals in the U.S. for a short time to engage in business activities such as negotiating with business associates, attending professional conferences, or conducting independent research. May not engage in any employment in the U.S., including salaried work or services performed on an independent basis.

Note: B-2 status is not appropriate to engage in business activities.

• B-1 letter of invitation (if available)
• Passport biographic page (with picture)
• Form I-94
• DEUS*

Delegate Program Visitor:

NIH Delegate must submit Delegate Request Form and documentation as listed on that form.

WB - Waiver for Business

Individuals permitted to enter the U.S. without a visa for a stay limited to 90 days. Available only to citizens of countries designated by the U.S. State Department. Allows visitor to engage in business activities such as negotiating with business associates, attending professional conferences, or conducting independent research. May not engage in any employment in the U.S., including salaried work or services performed on an independent basis.

Note: WT status is not appropriate to engage in business activities.

• WB letter of invitation (if available)
• Passport biographic page (with picture)
• Form I-94
• DEUS*

Delegate Program Visitor:

NIH Delegate must submit Delegate Request Form and documentation as listed on that form.

E-1 - Treaty Trader

Individuals in the U.S. to conduct trade under a treaty between their country and the U.S., and key employees of companies trading under such a treaty.

Principal

• Form I-797 Approval Notice (copy acceptable)
• Proof of Placement Letter (see example here)
• Passport biographic page (with picture)
• Form I-94
• DEUS*

Dependent

• Valid EAD [(a)(17)]
• DEUS*

E-2 - Treaty Investor

Individuals in the U.S. to develop and direct the operations of an enterprise in which they have invested substantial capital, and employees of companies making such investments. Must be based on a treaty between visa holder's country and the U.S.

Principal

• Form I-797 Approval Notice (copy acceptable)
• Proof of Placement Letter (see example here)
• Passport biographic page (with picture)
• Form I-94
• DEUS*

Dependent

• Valid EAD [(a)(17) or (c)(12)]
• DEUS*

E-3 - Temporary Worker in a Specialty Occupation

Limited to citizens of Australia; perform professional services for a sponsoring employer in a specific position for a fixed period of time. Annual cap of 10,500.

Employment authorization is granted for an initial period of up to 2 years. Extensions can be granted indefinitely in increments of up to 2 years. Employee may be granted up to 240 days of extended employment authorization while a timely-filed petition requesting an extension of stay is pending with USCIS.

Principal

• Form I-797 Approval Notice (copy acceptable), if applicable
• Proof of Placement Letter (see example here) OR copy of Labor Condition Application (LCA – Form ETA 9035) with the NIH as Location/Place of Employment
• Australian Passport
• Form I-94
• DEUS*
  
   
• If E-3 Extension Petition is Pending:
• Form I-797 Receipt Notice (copy acceptable) for extension petition in lieu of I-797 Approval Notice
• All additional documents listed above

Dependent

• Valid EAD [(a)(17)]
• DEUS*

F-1 - Student

Individuals in the U.S. engaging in a full course of academic study in an accredited educational program. May include elementary school, academic high school, college/university, conservatory, or language training.

Employee may be granted up to 180 days of extended employment authorization while a timely-filed EAD extension is pending with USCIS.

Extended On-Campus Employment (OCE)

• Form I-20
• Letter of authorization from Principal Designated School Official (PDSO)/Designated School Official (DSO)
• Passport biographic page (with picture)
• Form I-94
• DEUS*

Economic Hardship

• Valid EAD [(c)(3)(iii)]
• DEUS*

Curricular Practical Training (CPT)

• Form I-20
• Proof of Placement Letter (see example here)
• Passport biographic page (with picture)
• Form I-94
• DEUS*

Optional Practical Training (OPT)

• Current EAD [(c)(3)(A) or (c)(3)(B) or (c)(3)(C)]
• If STEM OPT Extension is Pending: Form I-20 with STEM extension recommendation
• DEUS*

G-1, G-2, G-3, G-4 - Representative of International Organization

Individuals in the U.S. as representatives of an international organization—e.g., the United Nations—and their dependents.

Principal

• Not authorized to work at NIH

Dependent

• Valid EAD [(c)(4)]
• DEUS*

H-1B - Temporary Worker in a Specialty Occupation

Individuals in the U.S. to perform professional services for a sponsoring employer in a specific position for a fixed period of time. Employment authorization is granted for an initial period of up to 3 years. Extensions for an additional 3 years are possible up to a total of 6 years. Further extensions permitted under certain circumstances. Employee may be granted up to 240 days of extended employment authorization while a timely-filed petition requesting an extension of stay is pending with USCIS.

See here for sample documentation submission for contractor in H-1B status.

Principal

• Form I-797 Approval Notice (copy acceptable)
• Proof of Placement Letter (see example here) OR copy of Labor Condition Application (LCA – Form ETA 9035) with NIH as Location/Place of Employment
• Passport biographic page (with picture)
• Form I-94
• DEUS*
  
   
• If H-1B Extension Petition is Pending:
• Form I-797 Receipt Notice (copy acceptable) for extension petition in lieu of I-797 Approval Notice
• All additional documents listed above

Dependent

• Valid EAD [(c)(26)]
• DEUS*

H-1B Portability - Temporary Worker in a Specialty Occupation

Individuals in H-1B status who were previously under the sponsorship of another H-1B employer are authorized to accept new employment pursuant to a timely filed H-1B petition by the new employer while the new petition is undergoing adjudication.

• Form I-797 Approval Notice (copy acceptable) for Prior H-1B Employment
• Form I-797 Receipt Notice (copy acceptable) for New H-1B Employment
• Proof of Placement Letter (see example here) OR Copy of Labor Condition Application (LCA – Form ETA 9035) with NIH as Location/Place of Employment
• Passport biographic page (with picture)
• Form I-94
• DEUS*

H-2B - Skilled or Unskilled Worker

Individuals in the U.S. in a temporary position for which a shortage of U.S. workers exists, working for a specific employer for a fixed period of time.

• Form I-797 Approval Notice (copy acceptable)
• Proof of Placement Letter (see example here) OR copy of Temporary Labor Certification in Non-agricultural Occupations (Form ETA 9142) with the NIH as Location/Place of Employment
• Passport biographic page (with picture)
• Form I-94
• DEUS*

H-3 - Trainee

Individuals in the U.S. in a temporary period to participate in a training program provided by a specific employer

• Form I-797 Approval Notice (copy acceptable)
• Proof of Placement Letter (see example here)
• Passport biographic page (with picture)
• Form I-94
• DEUS*

J-1 - Exchange Visitor (Student)

Individuals in the U.S. as Exchange Visitors for the primary purpose of studying at an academic institution under the auspices of the U.S. Department of State and a Designated Program Sponsor

• Valid Form DS-2019
• Letter of authorization from Responsible Officer (RO)/Alternate Responsible Officer (ARO) authorizing off-campus or academic training
• Passport biographic page (with picture)
• Form I-94
• DEUS*

J-1 - Exchange Visitor (Short-term Scholar, Professor, Research Scholar; Specialist; Trainee; Alien Physician)

Individuals in the U.S. as exchange visitors under the auspices of the US Department of State and a Designated Program Sponsor

• Valid Form DS-2019 with NIH listed as "Primary Site of Activity"
• If NIH is not listed on the DS-2019: Submit a Letter of authorization from Responsible Officer (RO)/Alternate Responsible Officer (ARO) authorizing activities at NIH
• Passport biographic page (with picture)
• Form I-94
• DEUS*

J-2 - Dependent of J-1 Visa Holder

Individuals in the U.S. as a dependent (spouse or unmarried child under the age of 21) of a J-1 Exchange Visitor

• Valid EAD [(c)(5)]
• DEUS*

K-1, K-2, K-3, K-4 - Fiancé(e) or Spouse of a U.S. citizen (and Dependents)

Individuals coming to the U.S. to marry a U.S. citizen

• Valid EAD [(a)(6) or (a)(9)]
• DEUS*

L-1, L-2 - Intracompany Transferee (and Dependents)

Individuals in the U.S. who have been transferred from a subsidiary, affiliate, or branch office overseas to the U.S. to work in an executive, managerial, or specialist capacity

Principal

• Form I-797 Approval Notice (copy acceptable)
• Proof of Placement Letter (see example here)
• Passport biographic page (with picture)
• Form I-94
• DEUS*

Dependent

• Valid EAD [(a)(18)]
• DEUS*

M-1 - Student Seeking Training after Completion of Studies

• Valid EAD [(c)(6)]
• DEUS*

NATO Personnel 1-6

Individuals in the U.S. as members of the armed services of the nations of the North Atlantic Treaty Organization, staff members, attendants, servants, and personal employees of NATO personnel

Principal

• Not authorized to work at NIH

Dependent

• Valid EAD [(c)(7)]
• DEUS*

O-1, O-2 - Person of Extraordinary Ability, Accompanying Personnel

Individuals of extraordinary ability in the sciences, arts, education, business, or athletics who are in the U.S. to work for a sponsoring employer or organization

• Form I-797 Approval Notice (copy acceptable)
• Proof of Placement Letter (see example here)
• Passport biographic page (with picture)
• Form I-94
• DEUS*

Note: O-3 dependents are not authorized to work.

T-1, T-2, T-3, T-4 - Victim/Witness of Trafficking (and Dependents)

• Valid EAD [(a)(16) or (c)(25)]
• DEUS*

TN Professionals

(only for citizens of Canada & Mexico)

Individuals in the U.S. to perform professional services for a sponsoring employer in a specific position for a fixed period of time, pursuant to the provisions of the U.S.-Mexico-Canada Agreement (USMCA)

• TN Offer Letter of Employment
• Form I-797 Approval Notice (copy acceptable), if applicable
• Proof of Placement Letter (see example here)
• Passport biographic page (with picture)
• Form I-94
• DEUS*

Note: TD dependents are not authorized to work.

U-1, U-2, U-3, U-4, U-5 - Victim/Witness of Certain Criminal Activity (and Dependents)

• Valid EAD [(a)(19) or (a)(20)]
• DEUS*

VAWA

Principal beneficiary or qualified child of an approved Violence Against Women Act (VAWA) petition.

Employee may be granted up to 180 days of extended employment authorization while a timely-filed EAD extension is pending with USCIS.

• Valid EAD [(c)(31)]
• DEUS*



If EAD Extension is Pending:

• Form I-797 Receipt Notice (copy acceptable)
• Current EAD
• DEUS*

V-1, V-2, V-3 - Spouse of Lawful Permanent Resident, (and Dependents)

Individuals in the U.S. who are spouses of U.S. Lawful Permanent Resident that have been waiting more than three years for an immigrant visa.

• Valid EAD [(a)(15)]
• DEUS*

Asylee

Individuals who have been granted asylum status after arrival in the U.S. based on a well-founded fear of persecution in their home country.

Employee may be granted up to 180 days of extended employment authorization while a timely-filed EAD extension is pending with USCIS.

• Valid EAD [(a)(5) or (c)(8)] OR
• Form I-94 showing asylee status and
• Passport or another document establishing identity
• DEUS*

If EAD Extension is Pending:

• Form I-797 Receipt Notice (copy acceptable)
• Current EAD
• DEUS*

DACA - Deferred Action for Childhood Arrivals

• Valid EAD [(c)(33)]
• DEUS*

Refugee

Individuals admitted to the U.S. who have proven a well-founded fear of persecution in their home country. Admitted to the U.S. for one year, after which time they can apply to become lawful permanent residents.

Employee may be granted up to 180 days of extended employment authorization while a timely-filed EAD extension is pending with USCIS.

• Valid EAD [(a)(3) or (a)(4)] OR
• Form I-94 showing refugee status
• Passport or another document establishing identity
• DEUS*

If EAD Extension is Pending:

• Form I-797 Receipt Notice (copy acceptable)
• Current EAD
• DEUS*

TPS - Temporary Protected Status

Special protection from deportation is available to qualified nationals of designated countries. Extended by U.S. government, generally in one-year periods.

Employee may be granted up to 180 days of extended employment authorization while a timely-filed EAD extension is pending with USCIS.

• Valid EAD [(a)(12) or (c)(19)]
• DEUS*

Note: Most will have a valid EAD, but there are also special provisions automatically extending the employment authorization for designated countries. To find out if a specific TPS-country has had the work authorization automatically extended, see: http://www.uscis.gov/tps. For an automatic extension period, please provide the original EAD

If EAD Extension is Pending:

• Form I-797 Receipt Notice (copy acceptable)
• Current EAD
• DEUS*