Effective August 28, 2024, the Department of Homeland Security (DHS) has established a new C40 category “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.” The principal T nonimmigrant applicant and family members may now receive an EAD with category C40. Previously, the C14 category (deferred action) was used when providing work authorization to T-1 applicants. DHS explained that T nonimmigrant status is for certain noncitizens who are or have been victims of a severe form of trafficking in persons.
Once T-1 nonimmigrant status is granted, DHS explained, those individuals will receive an EAD with category A16. T-2, T-3, T-4, T-5, or T-6 nonimmigrants will receive an EAD with category C25.
The Systematic Alien Verification for Entitlements (SAVE) database will provide an Initial Verification response of Temporary Employment Authorized for an EAD with category C40 if the applicant has no other status, DHS said. “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.”