New Employment Authorization Document (EAD) Category for T Nonimmigrant Applicants

Effective Aug. 28, DHS is establishing a new C40 category on Form I-766, Employment Authorization Document (EAD). The C40 category is for individuals with a pending Form I-914, Application for T Nonimmigrant Status, whose application is determined to be bona fide and meets the prima facie standard, and who apply and are approved for employment authorization. T nonimmigrant status is for certain noncitizens who are or have been victims of a severe form of trafficking in persons.

The principal T nonimmigrant applicant and their family members may now receive an EAD with category C40. USCIS previously used the C14 category (deferred action) category when providing employment authorization to T-1 applicants.

If T-1 nonimmigrant status is granted, individuals will receive an EAD with category A16; and if T-2, T-3, T-4, T-5 or T-6 nonimmigrant status is granted, individuals will receive an EAD with category C25.

SAVE will provide an Initial Verification response of Temporary Employment Authorized for an EAD with category C40 if the applicant has no other status. SAVE may provide a different initial verification response if an applicant has an additional immigration status. In those situations, agencies should request additional verification to receive all the applicant’s immigration statuses.

For more information, see the final rule 81 FR 92285 which updates 8 CFR 274a.12(c).