Expanded Work Authorization for T Visa Holders
The U.S. Citizenship and Immigration Services (USCIS) has made a significant announcement that will benefit T nonimmigrant applicants. Effective August 28, 2024, a new EAD category, C40, has been established for individuals with pending T nonimmigrant status applications.
What Does This Mean for T Visa Holders?
This expansion allows T nonimmigrant applicants to obtain employment authorization even while their T status application is pending. Previously, they would have to wait for their T status to be granted before receiving an EAD.
Key Points
- Eligibility: T-1, T-2, T-3, T-4, T-5, and T-6 nonimmigrant applicants are eligible for the new EAD category.
- Benefits: The C40 EAD category provides greater flexibility for T nonimmigrants to work and contribute to the U.S. economy.
- Application Process: To obtain a C40 EAD, applicants must submit a Form I-765 and demonstrate that their T status application is bona fide and meets the prima facie standard.
- Initial Verification: SAVE (System Automated Verification for Entitlement) will provide an Initial Verification response of “Temporary Employment Authorized” for C40 EADs.
Implications for Employers
Employers who hire T nonimmigrant workers should be aware of this new EAD category and its benefits. By understanding the eligibility requirements and application process, employers can help their employees obtain the necessary work authorization and contribute to their successful integration into the U.S. workforce.
Conclusion
The introduction of the C40 EAD category is a positive development for T nonimmigrant applicants, providing them with more opportunities for employment and self-sufficiency. Employers should stay informed about these changes and ensure that their HR teams are equipped to handle the updated procedures for hiring T nonimmigrant workers.
