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Immigration Classifications and Legal Employment

The following table gives a summary of all non-citizen immigration statuses and admission and employment related facts. This is meant to be a brief outline only.

INS Class Description Attend Univ W/out Visa Change Eligible for On-campus Employment Can Change to F-1 Remarks
A-1 Diplomat or dependent Yes See Remarks Yes Need State Dept. approval for employment; based upon country of citizenship;  dependent may be full time student
A-2 Govt official or dependent Yes See Remarks Yes Need State Dept. approval for employment; based upon country of citizenship;  dependent may be full time student
A-3 Servant of A visa or dependent Yes No Yes  Dependent may be full time student
B-1 Visitor for business No No Difficult
B-2 Visitor for pleasure No No Difficult
C-1 Alien in transit No No No
C-2 Alien in transit to U.N. No No No
D Crew member No No No
E-1 Treaty trader or dependent Yes No Yes Dependent may be full time
E-2 Treaty investor or dependent Yes No Yes Dependent may be full time
F-1 Academic student Yes Yes n/a On campus employment for 20 hours per week during academic year and full time during official univ. breaks.  For off campus positions OPT & CPT available.  See Foreign Student Advisor
F-2 Dependent of academic student No No Yes Cannot be employed; cannot engage in study.
G-1 Principal int'l organization representative or dependent Yes No Yes Dependent may be full time student; dependent may not work.
G-2 Other int'l organization representative or dependent Yes No Yes Dependent may be full time student; dependent may not work
G-3 Nonmember int'l organization representative or dependent Yes No Yes Dependent may be full time student; dependent may not work
G-4 Int'l organization employee or dependent Yes No Yes Dependent may be full time student; dependent may not work.
G-5 Servant of G or dependent Yes No Yes Dependent may be full time student; dependent may not work.
H-1A Temporary worker: nurse Yes No Yes
H-1B Temporary worker: specialty occupation Yes No Yes Employment by sponsoring institution only.
H-2A Temporary agricultural worker Yes No Yes
H-2B Temporary non-agricultural worker Yes No Yes
H-3 Trainee Yes No Yes
H-4 Dependent of H-1, H-2 or H-3 Yes No Yes May be full time student; May not be employed.
I Foreign media representative or dependent Yes No Yes Dependent may be full time student
J-1 Exchange visitor See Remarks See Remarks See Remarks If in J-1 student category, can enroll in classes without change; if in other J-1 categories ability to take classes and change status may be limited; employment eligibility depends upon category and sponsor permission; eligibility to change to F-1 status depends upon purpose and funding for current activities.
J-2 Exchange visitor dependent Yes See Remarks See Remarks May be employed with  INS permission; eligibility to change to F-1 status depends upon purpose and funding for current activities.  May study full time.
K-1 Fiance(e) of US citizen Yes Yes No
K-2 Child of fiance(e) of US citizen Yes Yes No
L-1 Intracompany transferee Yes No Yes
L-2 Dependent of intracompany transferee Yes No Yes
M-1 Technical student See Remarks No No May only take classes if has approval from school which issued visa document (I-20MN)
M-2 Dependent of technical student Yes No No
NATO-1 Principal NATO representative or dependent Yes See Remarks Yes Need State Dept. approval for employment; based upon country of citizenship.
NATO-2 Other NATO representative or dependent Yes See Remarks Yes Need State Dept. approval for employment; based upon country of citizenship. Dependent may be full time student.
NATO-3 NATO clerical staff or dependent Yes See Remarks Yes Need State Dept. approval for employment; based upon country of citizenship. Dependent may be full time student.
NATO-4 NATO official or dependent Yes See Remarks Yes Need State Dept. approval for employment; based upon country of citizenship. Dependent may be full time student.
NATO-5 NATO expert or dependent Yes See Remarks Yes Need State Dept. approval for employment; based upon country of citizenship. Dependent may be full time student.
NATO-6 NATO civilian or dependent Yes See Remarks Yes Need State Dept. approval for employment; based upon country of citizenship. Dependent may be full time student.
NATO-7 Servant of NATO or dependent Yes No Yes Dependent may be full time student.
N-8 Parent of alien child who is special immigrant Yes Yes Yes
N-9 Child of alien parent who is special immigrant Yes Yes Yes
O-1 Extraordinary worker in sciences, arts, education, business or athletics Yes No Yes
O-2 Accompanying worker to O-1 Yes No Yes Will probably be part time
O-3 Dependent of O-1 or O-2 Yes No Yes
P-1 Internationally recognized entertainer or athlete Yes No Yes
P-2 Exchange artist or entertainer Yes No Yes
P-3 Culturally unique artist or entertainer Yes No Yes
P-4 Dependent of P-1, 2 or 3 Yes No Yes
Q Cultural exchange worker Yes No Yes
R-1 Religious worker Yes No Yes
R-2 Dependent of religious worker Yes No Yes
S-1 Federal witness or dependent Yes No No Dependent may be full time student.
S-2 Federal terrorism witness or dependent Yes No No Dependent may be full time student.
TN NAFTA treaty professional Yes No Yes Only citizens of Canada and Mexico eligible.
TD Dependent of NAFSA treaty professional Yes No Yes
WB Visitor for business No No No Will have entered without visa; only citizens of certain countries eligible; cannot change status nor extend stay in the U.S.; I-94 card will be green
WT Visitor for pleasure No No No Will have entered without visa; only citizens of certain countries eligible; cannot change status nor extend stay in the U.S.; I-94 card will be green

Refugee Yes Yes No Will have I-94 card endorsed for asylum or refugee (usually says paroled) and will say employment authorized
TPS Temporary Protected Status Yes See Remarks Yes May have minimal documentation of TPS (often just letter from INS); may be employed if has INS permission

Permanent Resident (also known as immigrant, "green card holder") Yes Yes No Has all educational rights of US citizens, including eligibility for federal financial aid
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