Non-citizens seeking work authorization in the US must provide specific documents, including a valid passport, a visa that permits employment, and an Employment Authorization Document (EAD) issued by the United States Citizenship and Immigration Services (USCIS). Supporting documentation such as Form I-765, proof of immigration status, and evidence of eligibility under the applicant's visa category may also be required. Maintaining up-to-date, accurate paperwork is essential to ensure legal employment and avoid potential work authorization issues.
What Documents Does a Non-Citizen Need for Work Authorization in the US?
| Number | Name | Description |
|---|---|---|
| 1 | Form I-766 (Employment Authorization Document - EAD) | Non-citizens seeking work authorization in the US must obtain Form I-766, known as the Employment Authorization Document (EAD), which serves as proof of their legal right to work. The EAD is issued by U.S. Citizenship and Immigration Services (USCIS) and is essential for non-citizens such as asylum seekers, DACA recipients, and certain visa holders. |
| 2 | SAVE Verification (Systematic Alien Verification for Entitlements) | Non-citizens seeking work authorization in the US must undergo SAVE Verification (Systematic Alien Verification for Entitlements) to confirm their eligibility for employment benefits. This system cross-references immigration status with Department of Homeland Security records to validate documents such as Employment Authorization Documents (EAD), permanent resident cards, or valid visas. |
| 3 | Category C09 (Pending Adjustment of Status EAD) | Non-citizens seeking work authorization in the US under Category C09 must submit Form I-765, Application for Employment Authorization, along with evidence of their pending Adjustment of Status application (Form I-485). Supporting documents include a copy of the receipt notice (Form I-797) for the pending I-485, government-issued identification, and two passport-style photos to validate eligibility for the Employment Authorization Document (EAD). |
| 4 | CAP-Gap Extension I-20 (F-1 OPT/STEM OPT Students) | Non-citizens seeking work authorization under the CAP-Gap Extension must obtain an updated I-20 form endorsed by their Designated School Official (DSO), reflecting the extension period between OPT and H-1B status. This renewed I-20 authorizes F-1 OPT/STEM OPT students to continue employment legally while their H-1B petition is pending. |
| 5 | Temporary Protected Status (TPS) EAD | Non-citizens seeking work authorization under Temporary Protected Status (TPS) must obtain an Employment Authorization Document (EAD) issued by U.S. Citizenship and Immigration Services (USCIS), which serves as proof of their legal right to work in the United States. Key documents required for TPS EAD application include Form I-821 (Application for Temporary Protected Status), Form I-765 (Application for Employment Authorization), evidence of TPS eligibility from a designated country, and proof of identity and nationality such as a passport or national identity card. |
| 6 | Asylum Applicant EAD Clock | Non-citizen asylum applicants must submit Form I-765 along with a copy of the receipt notice for their pending asylum application (Form I-589) to apply for an Employment Authorization Document (EAD). The EAD clock starts 150 days after the asylum application is filed, and if no initial decision is made within 180 days, the applicant becomes eligible for work authorization under category (c)(8). |
| 7 | DACA Work Permit (Form I-821D based EAD) | Non-citizens under the Deferred Action for Childhood Arrivals (DACA) program must submit Form I-765 alongside Form I-821D to obtain a DACA Work Permit, which serves as their Employment Authorization Document (EAD). This work permit enables eligible individuals to legally work in the U.S. while deferring deportation. |
| 8 | H-4 EAD (Spouse of H-1B Nonimmigrant) | Non-citizens applying for work authorization under the H-4 EAD category, specifically spouses of H-1B nonimmigrants, must submit Form I-765, a copy of their H-4 visa, their spouse's valid H-1B approval notice (Form I-797), proof of their marriage, and a valid passport with U.S. entry stamps. Eligibility hinges on the H-1B spouse having an approved Form I-140 or being granted H-1B status beyond the six-year limit under sections 106(a) and (b) of the American Competitiveness in the Twenty-first Century Act (AC21). |
| 9 | Electronic I-94 Trip History (Proof of Admission) | Non-citizens seeking work authorization in the US must provide an Electronic I-94 Trip History as proof of lawful admission, which details their arrival and departure records maintained by U.S. Customs and Border Protection. This electronic document verifies legal entry status and is crucial for completing form I-765, Application for Employment Authorization. |
| 10 | Social Security Denial Letter (for ITIN/Employment Purposes) | Non-citizens seeking work authorization in the US may need a Social Security Denial Letter if they have an ITIN and are not eligible for a Social Security Number for employment purposes. This denial letter serves as proof to employers and immigration authorities that the applicant is authorized to work despite lacking a Social Security Number. |
Understanding Work Authorization for Non-Citizens in the US
Non-citizens seeking work authorization in the US must provide specific documents to verify their eligibility. Common documents include Form I-766, Employment Authorization Document (EAD), valid visa, or Form I-94 indicating authorized employment. Understanding these requirements ensures compliance with US immigration and labor laws for legal employment.
Key Eligibility Criteria for Employment Authorization
Non-citizens seeking work authorization in the US must submit Form I-765, Application for Employment Authorization, along with supporting documents proving their eligibility. These supporting documents typically include a valid visa, Form I-94, and evidence of your current immigration status, such as asylum approval or pending adjustment of status. Key eligibility criteria require that you fall under specific immigration categories like asylum seekers, students with OPT, or certain visa holders authorized for employment.
Types of Work Authorization Documents
Non-citizens seeking work authorization in the US must obtain specific documents that verify their eligibility to work. Your work authorization documents confirm your legal right to employment and are essential for both employers and employees.
- Employment Authorization Document (EAD) - A card issued by USCIS that grants temporary work authorization for certain non-citizens.
- H-1B Visa - A non-immigrant visa allowing skilled workers to be employed by US companies in specialty occupations.
- L-1 Visa - A visa for intracompany transferees who work in managerial positions or have specialized knowledge within multinational companies.
Required Forms and Supporting Documentation
To obtain work authorization in the US, a non-citizen must complete Form I-765, Application for Employment Authorization. This form is submitted to the United States Citizenship and Immigration Services (USCIS) as the primary request for work authorization.
Supporting documentation includes a copy of your current immigration status, such as a visa or I-94 arrival/departure record. Additionally, you must provide proof of identity, like a valid passport, and evidence that you are eligible for employment under US law.
How to Complete Form I-765: Application Checklist
To apply for work authorization in the US, you must complete Form I-765 accurately. This form is essential for non-citizens seeking employment permission.
Begin by gathering key documents such as a copy of your current immigration status, passport photos, and any previous Employment Authorization Documents (EAD). Include a copy of your Form I-94, Arrival/Departure Record, and pay the required filing fee unless you qualify for a waiver. Ensure you sign and date the form before submission to avoid delays.
Filing Process: Submission Methods and Fees
Non-citizens seeking work authorization in the US must submit documentation through designated filing methods. Understanding submission options and associated fees is essential for a successful application.
- Form I-765 Submission - Applicants can file Form I-765 online via the USCIS website or by mailing a paper application to the specified address.
- Filing Fees - The current fee for Form I-765 is $410, with specific fee waivers available for eligible applicants.
- Supporting Documents - Required evidence such as a copy of the applicant's immigration status, passport, and prior work authorization must accompany the submission.
Timely and accurate submission of the correct forms and fees is critical for obtaining US work authorization.
Biometrics and Identity Verification Procedures
What documents does a non-citizen need for work authorization in the US, particularly regarding biometrics and identity verification procedures? Non-citizens must provide valid government-issued identification such as a passport or foreign national ID card. Biometrics enrollment requires fingerprints, a photograph, and a digital signature to verify identity and link the applicant to their work authorization.
Timeline: Processing and Approval Expectations
Non-citizens seeking work authorization in the US must provide specific documents such as Form I-765, a valid passport, and proof of their current immigration status. Processing times vary based on the category of work permit applied for and the applicant's location.
Typically, the approval process can take from 3 to 6 months, but some categories may experience longer waits due to USCIS backlogs. You should regularly check the USCIS website for real-time updates on processing times and prepare to submit additional evidence if requested.
Common Issues and How to Avoid Application Delays
| Document Type | Description | Common Issues | Tips to Avoid Delays |
|---|---|---|---|
| Form I-765, Application for Employment Authorization | Primary application form for work authorization (EAD) in the US. | Incomplete or incorrect form details; missing signatures. | Fill out form carefully; double-check all fields; sign where required. |
| Passport | Valid passport to prove identity and nationality. | Expired or damaged passports; inconsistent name details. | Ensure passport is valid; use consistent name spelling across documents. |
| Visa or Admission Documents | Valid visa or I-94 Arrival/Departure Record showing lawful status. | Expired visa; missing I-94; discrepancies in status dates. | Provide current visa and updated I-94; confirm status aligns with EAD eligibility. |
| Supporting Evidence | Documents supporting eligibility category (e.g. asylum, TPS, DACA); proof of status. | Lack of required eligibility documents; outdated evidence. | Submit all required supporting documents; verify documents are current and valid. |
| Passport Photos | Two recent passport-style photographs meeting USCIS requirements. | Photos not meeting size or quality standards. | Follow USCIS photo guidelines exactly; do not use selfies or altered images. |
| Filing Fee or Fee Waiver Request | Payment of required fee or a formally submitted fee waiver application. | Incorrect fee amount; missing fee or incomplete waiver application. | Check current fee schedule; submit exact fee or complete fee waiver forms properly. |
| Biometrics Appointment Notice | Appointment for fingerprinting and photo capture, if applicable. | Failure to attend scheduled biometrics appointment. | Attend appointment on scheduled date and time; reschedule promptly if necessary. |
| Common Delays | Caused by missing documents, incorrect forms, or USCIS processing backlogs. | Misunderstanding eligibility or failing to submit required evidence. | Review USCIS instructions carefully before submission; keep track of application status online. |
What Documents Does a Non-Citizen Need for Work Authorization in the US? Infographic
