If you are looking for a job in the United States, one of the most important questions you will face is: ‘Are you authorized to work in the U.S.?’ Employers are legally required to verify that their employees have the right to work before hiring them.
Understanding U.S. work authorization is crucial for both U.S. citizens and non-citizens. This topic will explain what it means to be authorized to work, the different types of work permits available, how to apply for authorization, and what to do if your work eligibility is questioned.
What Does ‘Authorized to Work in the United States’ Mean?
Being authorized to work in the United States means that you have legal permission to be employed by a U.S. company. This authorization can come from U.S. citizenship, permanent residency (Green Card), or specific work visas and permits issued by the U.S. government.
Employers verify work authorization through the Form I-9 Employment Eligibility Verification process, which requires employees to provide documents proving their right to work.
Who Is Automatically Authorized to Work in the U.S.?
Certain groups of people are automatically eligible to work in the United States without needing special authorization. These include:
1. U.S. Citizens
All U.S. citizens have the automatic right to work without any restrictions. They can prove their eligibility by providing a U.S. passport, birth certificate, or naturalization certificate when completing Form I-9.
2. Permanent Residents (Green Card Holders)
Individuals with a Green Card (Permanent Resident Card) are legally authorized to work in the U.S. They can present their Green Card as proof of work authorization when applying for jobs.
3. Certain Visa Holders with Work Authorization
Some non-citizens are legally allowed to work in the U.S. if they have specific work visas or employment authorization documents (EADs).
Non-Citizens Who Need Work Authorization
If you are not a U.S. citizen or permanent resident, you must obtain work authorization before you can legally work. The most common options include:
1. Employment Authorization Document (EAD)
Also known as a work permit, an EAD (Form I-766) allows non-citizens to work for any employer in the U.S. It is issued by U.S. Citizenship and Immigration Services (USCIS) and must be renewed periodically.
Common categories eligible for an EAD include:
- Asylum seekers and refugees
- DACA (Deferred Action for Childhood Arrivals) recipients
- Spouses of certain visa holders (e.g., H-4, L-2, E-2 visa holders)
- Students on Optional Practical Training (OPT) or Curricular Practical Training (CPT)
2. Work Visas
Many non-citizens are authorized to work through employment-based visas. These visas usually require sponsorship from a U.S. employer. The most common work visas include:
H-1B Visa (Specialty Occupations)
- For skilled professionals in fields like IT, engineering, and healthcare.
- Requires sponsorship from a U.S. employer.
- Valid for up to six years.
L-1 Visa (Intra-Company Transfers)
- For employees of multinational companies transferring to a U.S. office.
- Available to managers, executives, and employees with specialized knowledge.
O-1 Visa (Individuals with Extraordinary Ability)
- For individuals with exceptional skills in sciences, arts, education, business, or athletics.
TN Visa (For Canadian and Mexican Citizens)
- Available under the USMCA (formerly NAFTA) agreement.
- Allows Canadian and Mexican professionals to work in the U.S.
E-2 Visa (Investor Visa)
- For entrepreneurs and investors who start a business in the U.S.
How to Apply for Work Authorization in the U.S.
If you are not automatically authorized to work, you may need to apply for an Employment Authorization Document (EAD). Here’s how:
Step 1: Determine Your Eligibility
Before applying, ensure that you fall into a category that qualifies for work authorization. You can check your eligibility on the USCIS website.
Step 2: Complete Form I-765
The Form I-765 (Application for Employment Authorization) is used to request a work permit. You must provide:
- Personal details (name, address, immigration status).
- Supporting documents (passport, visa, proof of eligibility).
- A passport-style photo.
Step 3: Pay the Filing Fee
The filing fee for Form I-765 varies based on eligibility category. Some applicants, such as asylum seekers, may be eligible for a fee waiver.
Step 4: Submit Your Application to USCIS
You can file Form I-765 online or by mail. After submitting, USCIS will process your application, which may take several months.
Step 5: Receive Your EAD Card
If approved, you will receive an Employment Authorization Document (EAD), allowing you to work legally in the U.S.
What Happens If You Work Without Authorization?
Working without authorization in the U.S. can lead to serious consequences, including:
- Loss of future visa opportunities.
- Deportation for undocumented workers.
- Fines and penalties for employers who hire unauthorized workers.
It is essential to ensure you have proper authorization before accepting employment.
How Employers Verify Work Authorization
Employers are required to verify an employee’s work authorization using Form I-9. This form must be completed within three days of starting a job.
Documents Accepted for Form I-9 Verification
Employees must provide one document from List A OR one document from List B and one from List C:
List A (Proof of Identity and Work Authorization)
- U.S. Passport
- Permanent Resident Card (Green Card)
- Employment Authorization Document (EAD)
List B (Proof of Identity)
- Driver’s license
- State ID card
List C (Proof of Work Authorization)
- Social Security card
- Birth certificate
If an employee does not provide valid documentation, the employer cannot legally hire them.
Can Work Authorization Be Renewed?
Yes, if your work authorization is temporary, you must renew it before it expires. The renewal process involves:
- Submitting Form I-765 again.
- Providing updated documentation.
- Paying the renewal fee (if applicable).
It’s recommended to apply for renewal at least 180 days before expiration to avoid gaps in employment authorization.
Being authorized to work in the United States is essential for legal employment. Whether you are a U.S. citizen, permanent resident, or work visa holder, you must have valid work authorization to get hired.
If you are a non-citizen, obtaining an Employment Authorization Document (EAD) or securing a work visa is necessary to work legally. Employers verify authorization through Form I-9, and failure to comply with work authorization laws can lead to serious consequences.
By understanding your eligibility, application process, and renewal requirements, you can ensure that you remain legally employed in the U.S.