8 CFR 274a.12: Work Authorization Classes, EADs, and Form I-9

Federal regulation 8 CFR 274a.12 divides foreign nationals into three work authorization classes. Class (a) covers people whose immigration status itself carries the right to work. Class (b) covers nonimmigrants who may work only for the specific employer that petitioned for them. Class (c) covers people who must file Form I-765 and receive an Employment Authorization Document before accepting any job. Which class you fall into decides what you can do, who you can work for, and what paperwork proves it.¹

Class (a): Authorized Incident to Status

Class (a) individuals hold immigration statuses that carry work authorization as an inherent benefit. The regulation describes this permission as running “without restrictions as to location or type of employment.”¹ Any employer, any job.

Lawful permanent residents are the familiar example. A green card holder can work anywhere, and the Form I-551 proves it. An expiration date on the card means the card needs renewal, not that work authorization has ended. Asylees also belong here, and any expiration on an asylee’s EAD signals only that the card needs renewal, not that the authorization has lapsed.¹

Being in Class (a) does not always mean you can start work without paperwork. Refugees, parolees admitted as refugees, K-1 fiancé(e)s, and citizens of Freely Associated States, among others, are authorized incident to status but must first obtain a document from USCIS proving it.¹

Certain dependent spouses of E-1 treaty traders, E-2 treaty investors, E-3 specialty occupation workers from Australia, and L-2 intracompany transferees also fall in Class (a). Since January 2022, USCIS and CBP issue these spouses Forms I-94 with special class-of-admission codes (E-1S, E-2S, E-3S, or L-2S). An unexpired I-94 with one of these codes is List C evidence of work authorization on Form I-9, distinguishing work-authorized spouses from dependent children, who are not.² These spouses can still apply for an EAD if they want a single List A document.³

Class (b): Authorized Only for a Specific Employer

Class (b) covers nonimmigrant workers whose permission to work is tied to the employer who petitioned for them. USCIS does not issue these workers an EAD. The Form I-94, passport, visa, and approved petition documents establish the authorization.¹

Common Class (b) categories include:

H-1B specialty occupation workers, who may work only for the petitioning employer.
L-1 intracompany transferees, who may work only for the company that transferred them.
O-1 individuals with extraordinary ability, authorized through the petitioning entity.
H-2A and H-2B temporary agricultural and non-agricultural workers, tied to their sponsoring employer.
E-1 and E-2 treaty traders and investors, who may work only through the treaty-qualifying company.
J-1 exchange visitors, who may work only within their approved exchange program.

The employer restriction is not a formality. An H-1B worker who takes a side job with a different company is engaging in unauthorized employment even though their H-1B status is valid. Changing employers requires a new petition before the new job starts, or, under H-1B portability, once the new petition is filed.

The 240-Day Rule for Pending Extensions

A Class (b) worker whose authorized stay has expired may keep working for the same employer for up to 240 days if a timely extension petition was filed before status expired. The authorization ends immediately if USCIS denies the extension within that window.¹ The rule covers most employer-specific categories, including H-1B, H-2B, L-1, and O-1. Work during the gap must be with the same employer and under the same conditions as the original authorization. Keep the Form I-797C receipt notice on file as proof of timely filing.

Class (c): Authorized Only With an Approved EAD

Class (c) is the broadest of the three. Everyone in it must file Form I-765 with USCIS and wait for approval before working.⁴ The resulting EAD, Form I-766, is a List A document that establishes both identity and employment authorization on its own.⁵ The main subcategories to know:

Adjustment of Status Applicants (c)(9)

People with a pending Form I-485 may file for an EAD while they wait. USCIS often issues a combination card that also serves as an advance parole travel document.⁶ Refugees adjusting under INA section 209 file under (a)(3) instead.⁷

Asylum Applicants (c)(8)

Individuals with a pending Form I-589 may file for an EAD 150 days after filing the asylum application. Delays caused by the applicant reset the clock.⁸ This is temporary permission for the pendency of the case and is separate from the unrestricted Class (a) authorization that comes with an actual grant of asylum.

F-1 Students on OPT

F-1 students on post-completion Optional Practical Training must have the EAD in hand before starting work. Standard 12-month OPT allows no more than 90 days of unemployment. On the 24-month STEM extension, the total unemployment cap across the full 36-month OPT period is 150 days. Exceed those limits and SEVIS termination follows. Unpaid work of at least 20 hours per week in the field of study does not count as unemployment.

H-4 Dependent Spouses (c)(26)

Spouses of H-1B workers can apply for an EAD only if the H-1B worker has an approved Form I-140 or has been granted H-1B status beyond the six-year limit under AC21.⁹ The EAD must be approved before the H-4 spouse begins any work.

TPS and DACA

Granted TPS holders file under (a)(12); those with pending TPS applications who are found prima facie eligible can receive a (c)(19) EAD.¹⁰ TPS extension rules run through Federal Register notices tied to each designated country.

DACA recipients file under (c)(33). As of early 2025, USCIS continues to accept and process DACA renewals and their EAD applications. Because of an ongoing federal court injunction, USCIS accepts but does not process initial DACA requests.¹¹

Form I-765 Filing Fees

Fees adjusted effective January 1, 2026, and vary by category:¹²

Initial EAD for asylum applicants, parolees, or TPS applicants: $560
Renewal or extension for parolees or TPS: $280
Renewal or extension for asylum applicants: $275

Form I-765 is not eligible for a fee waiver through Form I-912.¹³ Adjustment applicants may have the I-765 fee bundled with their I-485 filing depending on the fee structure that applied when they filed.

Automatic EAD Extensions Ended in October 2025

An interim final rule effective October 30, 2025, ended automatic extensions of EAD validity for renewal applications filed on or after that date.¹⁴ Before the change, a timely filed renewal kept the applicant working on the expired card for up to 540 days. That cushion is gone for most categories.

Narrow exceptions remain:

Renewals filed before October 30, 2025 keep the up-to-540-day extension.
TPS-related EADs still extend through their Federal Register notices.
Any automatic extension separately authorized by statute or Federal Register notice is unaffected.

If USCIS takes several months to decide a renewal, the applicant’s EAD expires in the meantime and they cannot legally work until the new card arrives. File early, and consider premium processing where the category allows it.

Consequences of Working Outside Your Class

Federal law bars most people who accepted or continued in unauthorized employment from adjusting status to permanent resident.¹⁵ The bar reaches any unauthorized employment during any period of stay, not just the most recent entry, and leaving and coming back does not erase it.¹⁶

Immediate relatives of U.S. citizens (spouses, parents, and unmarried children under 21) are exempt. Everyone else, including spouses of permanent residents, faces the bar. Adjudicators have no discretion to overlook it. The bar also reaches people who exceeded the scope of their authorization, such as a Class (b) worker taking side work with a different employer.

Employers who knowingly hire unauthorized workers face civil fines per worker of $716 to $5,724 for a first offense, $5,724 to $14,308 for a second offense, and $8,586 to $28,619 for a third or subsequent offense. These figures come from a DHS adjustment effective January 2, 2025.

How the Class Shapes Your Form I-9 Documents

Every new hire completes Form I-9, but the documents you present depend on your class. You choose which acceptable documents to show. An employer cannot demand a specific document or refuse a valid one.¹⁷

Class (a) permanent residents can present the green card as List A or use a List B document with a List C document. Class (a) E and L dependent spouses use the annotated Form I-94 with the S-suffix code as List C.² Class (b) workers typically present a foreign passport, visa, and Form I-94 showing the approved status and petitioning employer. Class (c) individuals present the EAD (Form I-766) as a single List A document.⁵

Where an EAD has been automatically extended (renewal filed before October 30, 2025, or covered by a TPS Federal Register notice), present the expired EAD together with the Form I-797C receipt notice showing matching eligibility categories.¹⁸ For TPS, the (a)(12) and (c)(19) codes do not need to match each other; every other category requires an exact match between the EAD and the receipt notice.

1
eCFR. 8 CFR 274a.12 – Classes of Aliens Authorized to Accept Employment
2
U.S. Citizenship and Immigration Services. Employment Authorization for Certain H-4, E, and L Nonimmigrant Dependent Spouses
3
U.S. Citizenship and Immigration Services. USCIS Updates Guidance on Employment Authorization for E and L Nonimmigrant Spouses
4
U.S. Citizenship and Immigration Services. Form I-765 – Application for Employment Authorization
5
U.S. Citizenship and Immigration Services. Form I-9 Acceptable Documents
6
U.S. Citizenship and Immigration Services. USCIS to Issue Employment Authorization and Advance Parole Card for Adjustment of Status Applicants
7
U.S. Citizenship and Immigration Services. Form I-765 Instructions
8
U.S. Citizenship and Immigration Services. Applicant-Caused Delays in Adjudications of Asylum Applications and Impact on Employment Authorization
9
U.S. Citizenship and Immigration Services. Employment Authorization for Certain H-4 Dependent Spouses
10
U.S. Citizenship and Immigration Services. Employment Authorization
11
U.S. Citizenship and Immigration Services. Consideration of Deferred Action for Childhood Arrivals (DACA)
12
U.S. Citizenship and Immigration Services. USCIS Announces FY 2026 Inflation Increase for Certain Immigration-Related Fees
13
U.S. Citizenship and Immigration Services. I-912, Request for Fee Waiver
14
Federal Register. Removal of the Automatic Extension of Employment Authorization Documents
15
Office of the Law Revision Counsel. 8 USC 1255 – Adjustment of Status of Nonimmigrant to That of Person Admitted for Permanent Residence
16
U.S. Citizenship and Immigration Services. Chapter 6 – Unauthorized Employment
17
U.S. Citizenship and Immigration Services. Handbook for Employers M-274 – 7.1 Lawful Permanent Residents
18
USCIS. 5.1 Automatic Extensions Based on a Timely Filed Application to Renew Employment Authorization and/or Employment Authorization Document