Non-citizens seeking work authorization in the US must provide a completed Form I-765, Application for Employment Authorization, along with a copy of their valid passport or travel document. Supporting documents include proof of current immigration status, such as Form I-94 or visa, and evidence of eligibility category, like a pending asylum application or approved visa status. Two passport-sized photographs and the required filing fee are also necessary to complete the application process.
What Documents are Necessary for Work Authorization for Non-Citizens in the US?
| Number | Name | Description |
|---|---|---|
| 1 | Employment Authorization Document (EAD) Card Code C09 | The Employment Authorization Document (EAD) with Card Code C09 is essential for non-citizens applying for work authorization in the United States, indicating a pending adjustment of status application. This document verifies the individual's eligibility to work legally while their permanent residency case is being processed by USCIS. |
| 2 | Form I-765 Approval Notice | The Form I-765 Approval Notice serves as official evidence of a non-citizen's work authorization in the US, confirming that the applicant is permitted to accept employment. This document is essential alongside valid identification, such as a passport, and an Employment Authorization Document (EAD) issued by USCIS. |
| 3 | STEM OPT Extension EAD | Non-citizens seeking work authorization under the STEM OPT Extension must present the Form I-765, Application for Employment Authorization, along with a valid Employment Authorization Document (EAD) issued by USCIS. Additional required documents include a valid Form I-20 endorsed by the designated school official, proof of STEM degree, employer's E-Verify information, and a valid passport with a current F-1 visa. |
| 4 | H-4 EAD (Spousal Work Authorization) | Non-citizens applying for H-4 EAD (Employment Authorization Document) in the US must submit Form I-765, a copy of their H-4 visa, proof of the principal H-1B visa holder's approved Form I-140 or valid H-1B status beyond the six-year limit, and supporting identification documents such as a passport and Form I-94. These documents collectively establish eligibility for spousal work authorization under the H-4 visa category. |
| 5 | J-2 Dependent Work Permit | Non-citizens seeking work authorization on a J-2 dependent visa in the US must submit Form I-765, Application for Employment Authorization, along with a copy of their J-2 visa, I-94 Arrival/Departure Record, and proof of relationship to the J-1 visa holder. Supporting documents typically include a valid passport, recent photographs, and evidence demonstrating that the employment will not financially support the J-1 visa holder. |
| 6 | Temporary Protected Status EAD (TPS EAD) | Individuals applying for Temporary Protected Status Employment Authorization Document (TPS EAD) in the US must submit Form I-765, a copy of their TPS approval notice (Form I-797), proof of identity such as a passport or national ID, and evidence of continuous residence and physical presence in the US during the TPS eligibility period. Supporting documents may also include birth certificates, deportation or removal notices, and any previous EADs to establish ongoing eligibility for work authorization under TPS. |
| 7 | DACA Work Permit | Non-citizens applying for work authorization through the Deferred Action for Childhood Arrivals (DACA) program must submit Form I-765, Application for Employment Authorization, along with proof of their DACA status, such as Form I-821D, and documentation confirming identity and residency. Supporting documents include a valid government-issued ID, recent passport-style photos, and evidence of continuous residence in the United States since the specified date for DACA eligibility. |
| 8 | F-1 CPT (Curricular Practical Training) Authorization Letter | The F-1 CPT Authorization Letter, issued by a designated school official (DSO), is essential for non-citizens seeking Curricular Practical Training as it verifies eligibility and specifies employment details aligned with the student's academic program. This letter must accompany the student's Form I-20 and is required for employers and U.S. Citizenship and Immigration Services (USCIS) to authorize legal work during the authorized CPT period. |
| 9 | Asylee/Refugee EAD Category A05 | Non-citizens classified under the Asylee/Refugee EAD Category A05 must provide a Form I-94 indicating their asylee or refugee status and a valid Form I-766, Employment Authorization Document, to obtain work authorization in the US. Supporting documents such as a government-issued photo ID and evidence of lawful presence are also required to comply with USCIS regulations. |
| 10 | Pending Adjustment of Status EAD (Green Card Applicant EAD) | Non-citizens with a pending adjustment of status must present Form I-766, Employment Authorization Document (EAD), along with a valid Form I-485 receipt notice to prove work authorization in the US. These documents confirm eligibility under the pending green card application and authorize lawful employment while the application is processed. |
Understanding Work Authorization for Non-Citizens in the US
| Document | Description | Purpose |
|---|---|---|
| Employment Authorization Document (EAD) | Issued by United States Citizenship and Immigration Services (USCIS), commonly known as a work permit. | Allows non-citizens to legally work in the U.S. for a specific period. |
| Form I-94, Arrival/Departure Record | Proof of legal entry and authorized stay in the U.S. | Demonstrates the individual's immigration status and authorized duration in the country. |
| Valid Visa | Nonimmigrant visa (such as H-1B, L-1, O-1) or immigrant visa issued by the U.S. Department of State. | Specifies the terms of lawful presence and employment eligibility based on visa category. |
| Social Security Number (SSN) | Issued by the Social Security Administration after obtaining proper work authorization. | Required for tax reporting and payroll purposes when legally employed in the U.S. |
| Form I-797, Notice of Action | Official communication from USCIS confirming approval or receipt of work authorization applications. | Serves as evidence of valid work authorization status during the application or renewal process. |
Types of Work Authorization Documents Available
To work legally in the United States as a non-citizen, you must obtain proper work authorization documents. These documents confirm your eligibility to be employed under U.S. immigration laws.
- Employment Authorization Document (EAD) - Issued by the U.S. Citizenship and Immigration Services, the EAD allows certain non-citizens to work temporarily in the U.S.
- H-1B Visa - A non-immigrant visa for specialty occupations, enabling employers to hire foreign workers in specialized fields.
- Permanent Resident Card (Green Card) - Grants non-citizens lawful permanent resident status with the right to work indefinitely in the United States.
Eligibility Criteria for Work Authorization
To obtain work authorization in the US as a non-citizen, you must meet specific eligibility criteria established by the United States Citizenship and Immigration Services (USCIS). Common eligibility categories include individuals with valid visas such as H-1B, L-1, or students with Optional Practical Training (OPT), as well as asylum seekers and certain humanitarian status holders. Your application requires documents like a completed Form I-765, a copy of your immigration status, and supporting evidence proving your eligibility for employment authorization.
Required Documentation for Application
Non-citizens seeking work authorization in the United States must submit specific documents to verify eligibility. Proper documentation ensures compliance with U.S. Citizenship and Immigration Services (USCIS) requirements for processing work permits.
- Form I-765, Application for Employment Authorization - This form is the primary document required to request work authorization from USCIS.
- Proof of Immigration Status - Copies of visa, Form I-94, or other evidence affirming the applicant's current lawful status in the U.S. must be included.
- Supporting Evidence for Eligibility Category - Documents such as approval notices, asylum applications, or DACA status help confirm the applicant's eligibility category for work authorization.
All submitted documents should be accurate, complete, and correspond with USCIS guidelines to avoid processing delays or denials.
Step-by-Step Application Process
To obtain work authorization for non-citizens in the US, you must first gather essential documents such as a valid passport, visa approval notice, and Form I-94. Proof of eligibility, like an Employment Authorization Document (EAD) or a pending application receipt, is also required.
The application process begins by completing Form I-765, Application for Employment Authorization. Submit this form along with the supporting documents to U.S. Citizenship and Immigration Services (USCIS) and pay the applicable fee.
Work Authorization for Students and Exchange Visitors
Non-citizens seeking work authorization in the US must provide specific documents to verify their eligibility. Work authorization for students and exchange visitors requires additional documentation tied to their visa status.
Students on F-1 visas need to submit Form I-765, Application for Employment Authorization, along with a copy of their Form I-20 endorsed for employment. Exchange visitors on J-1 visas must provide Form DS-2019 and a completed Form I-765 or a separate work authorization document issued by the program sponsor. Your work authorization depends on maintaining valid visa status and meeting the criteria set by the US Citizenship and Immigration Services (USCIS).
Renewal and Extension of Work Authorization
Non-citizens seeking renewal or extension of work authorization in the US must submit Form I-765, Application for Employment Authorization. This form requires supporting documents that verify current authorization and eligibility for extension.
Necessary documents include a copy of the current Employment Authorization Document (EAD) and proof of maintained legal status, such as a valid visa or Form I-94. Evidence of ongoing eligibility like a pending adjustment of status application or an approved petition may also be required for renewal processing.
Common Reasons for Application Denial
Non-citizens seeking work authorization in the US must submit specific documents to prove their eligibility. Missing or incorrect documentation often leads to application denial.
- Incomplete or Missing Form I-765 - Failure to accurately complete or submit the work authorization application form causes frequent denials.
- Insufficient Proof of Eligibility - Lack of valid documents such as visas, I-94 records, or immigration status proof results in rejection.
- Failure to Pay Fees or Provide Fee Waivers - Omitting the required payment or unsupported fee waiver requests lead to application refusal.
Rights and Restrictions with Work Authorization
What documents are necessary for work authorization for non-citizens in the US? Non-citizens must present valid documents such as an Employment Authorization Document (EAD), Form I-766, or specific visa status papers to prove their eligibility to work. These documents establish the worker's rights and outline any employment restrictions under US immigration laws.
What Documents are Necessary for Work Authorization for Non-Citizens in the US? Infographic
