Non-citizens must have valid work authorization documents such as a Employment Authorization Document (EAD), valid visa with work permission (e.g., H-1B, L-1), or an Employment Authorization Document issued by USCIS to legally work in the US. Employers require these documents to verify eligibility through the Form I-9 process. Maintaining up-to-date documentation is crucial to ensure compliance with federal employment laws.
What Documents Does a Non-Citizen Need to Work in the US?
| Number | Name | Description |
|---|---|---|
| 1 | Employment Authorization Document (EAD, Form I-766) | Non-citizens must obtain an Employment Authorization Document (EAD, Form I-766) issued by USCIS to legally work in the US, serving as proof of their eligibility to be employed. This card includes key information such as the individual's name, photo, and employment authorization validity dates, which employers use for Form I-9 verification. |
| 2 | Permanent Resident Card (Green Card, Form I-551) | A Permanent Resident Card (Green Card, Form I-551) serves as essential evidence for non-citizens to legally work in the US, confirming their authorized permanent resident status. Employers use this document to verify employment eligibility under USCIS Form I-9 requirements. |
| 3 | Arrival/Departure Record (Form I-94) indicating work authorization | Non-citizens working in the US must present the Arrival/Departure Record (Form I-94), which serves as official evidence of their authorized stay and work eligibility. The Form I-94 outlines the duration and conditions of employment authorization granted by U.S. Customs and Border Protection. |
| 4 | Temporary Protected Status (TPS) Approval Notice | Non-citizens authorized to work in the US under Temporary Protected Status (TPS) must present their TPS approval notice along with a valid Employment Authorization Document (EAD). This approval notice serves as critical evidence of their legal status, confirming eligibility for employment during the designated TPS period. |
| 5 | Asylum Approval Notice | A non-citizen seeking employment in the US must present an Asylum Approval Notice as proof of their lawful status, which allows them to obtain an Employment Authorization Document (EAD) from the U.S. Citizenship and Immigration Services (USCIS). This EAD is essential for legally working and verifying employment eligibility under the Immigration Reform and Control Act (IRCA). |
| 6 | Refugee Travel Document | A Refugee Travel Document is issued to refugees and asylees in the US, allowing them to travel abroad and serves as a valid form of identification for employment verification under Form I-9 requirements. This document, recognized by the Department of Homeland Security, helps non-citizens prove their legal status and work authorization when seeking employment. |
| 7 | Advance Parole Document (Form I-512) | Non-citizens authorized to work in the US may use an Advance Parole Document (Form I-512) to re-enter the country without forfeiting their employment eligibility. This document allows individuals to travel abroad while maintaining their pending immigration status necessary for lawful employment. |
| 8 | Work Visa (e.g., H-1B, L-1, O-1, E-2, TN) with supporting I-797 Approval Notice | Non-citizens seeking employment in the US must obtain a valid work visa such as H-1B for specialized occupations, L-1 for intracompany transfers, O-1 for individuals with extraordinary ability, E-2 for investors, or TN for Canadian and Mexican professionals under NAFTA, supported by the I-797 Approval Notice issued by USCIS confirming visa petition approval. The I-797 Approval Notice serves as official evidence of authorized employment eligibility, essential for starting work and applying for further immigration benefits. |
| 9 | Social Security Number (SSN) Card | Non-citizens must obtain a Social Security Number (SSN) card to legally work in the US, which serves as a key identifier for tax and employment purposes. Applying for an SSN requires submitting Form SS-5 along with valid immigration documents such as a work visa or Employment Authorization Document (EAD). |
| 10 | Foreign Passport with necessary visa or I-94 endorsement | A non-citizen must present a valid foreign passport accompanied by the appropriate visa or an I-94 endorsement to legally work in the US. The I-94 form, issued by U.S. Customs and Border Protection, serves as proof of legal admission and authorized employment status. |
| 11 | Order of Supervision with work authorization (Form I-220B) | Non-citizens with an Order of Supervision and valid work authorization documented on Form I-220B must present this form along with a government-issued photo ID to legally work in the U.S. Employers are required to verify the authenticity of Form I-220B through the E-Verify system or by consulting USCIS guidelines to ensure compliance with federal employment eligibility. |
| 12 | DACA Approval Notice and EAD | Non-citizens need a valid DACA Approval Notice and an Employment Authorization Document (EAD) to legally work in the US, as the DACA Approval Notice confirms deferred action status and the EAD grants work authorization. Employers must verify the authenticity of these documents through the Department of Homeland Security's E-Verify system to ensure compliance with immigration laws. |
Introduction to Work Authorization for Non-Citizens
Non-citizens must obtain proper work authorization to be legally employed in the United States. This authorization ensures compliance with U.S. immigration laws and protects employees and employers alike.
Your eligibility to work depends on the type of visa or immigration status held. Common documents include Employment Authorization Documents (EAD), work visas, and sometimes specific permits tied to your residency status.
Understanding Employment Eligibility in the US
Non-citizens seeking employment in the US must provide specific documents to prove their work eligibility. Key documents include a valid work visa, Employment Authorization Document (EAD), or permanent resident card (Green Card).
Employers use Form I-9 to verify an employee's identity and employment authorization. The Form I-9 requires acceptable documentation such as a U.S. passport, EAD, or a combination of documents like a driver's license and Social Security card.
Key Work Authorization Documents Explained
What documents does a non-citizen need to work legally in the United States? Non-citizens must provide specific work authorization documents to prove their legal eligibility for employment. The key documents include Employment Authorization Documents (EAD), visas with work privileges, and Form I-9 verification papers.
What is the Employment Authorization Document (EAD)? The EAD, also known as a work permit, allows non-citizens to work legally in the US for a designated time period. It is issued by the U.S. Citizenship and Immigration Services (USCIS) and requires an application process demonstrating eligibility.
Which visas allow non-citizens to work in the U.S.? Common work-authorized visas include H-1B for specialty occupations, L-1 for intra-company transferees, and O-1 for individuals with extraordinary ability. These visas serve as primary proof of work eligibility alongside the Form I-9 documentation.
What role does Form I-9 play in work authorization? Form I-9 verifies the identity and employment authorization of anyone hired to work in the US. Employers must examine and retain valid work authorization documents, including EADs or visa statuses, according to this form's requirements.
Can a non-citizen work without an EAD or visa? No, working without proper authorization violates US immigration law and can result in penalties or deportation. Non-citizens should always secure valid work permits or visas before seeking employment.
Form I-9: Employment Eligibility Verification
Non-citizens seeking employment in the US must complete Form I-9: Employment Eligibility Verification. This form verifies the identity and employment authorization of individuals hired for work.
Employers must examine acceptable documents presented by the employee to complete Form I-9 within three business days of hire. Documents fall into three categories: List A (employment authorization and identity), List B (identity only), and List C (employment authorization only). Non-citizens should prepare valid documents such as a Permanent Resident Card or Employment Authorization Document to satisfy these requirements.
Employment Authorization Document (EAD) Overview
Non-citizens require proper documentation to legally work in the United States. The Employment Authorization Document (EAD) is the primary document that grants work authorization for eligible non-citizens.
- Employment Authorization Document (EAD) - A government-issued card that provides proof of legal permission to work in the U.S.
- Eligibility Criteria - Available to asylum seekers, DACA recipients, certain visa holders, and individuals with pending immigration applications.
- Application Process - Requires filing Form I-765 with U.S. Citizenship and Immigration Services (USCIS) and approval before employment.
Possessing a valid EAD ensures non-citizens can legally pursue employment opportunities within the United States.
Valid Visa Categories Allowing Work
Non-citizens seeking employment in the United States must hold valid work authorization documents. These documents are typically linked to specific visa categories that legally permit employment.
- H-1B Visa - This visa allows U.S. employers to hire foreign workers in specialty occupations requiring specialized knowledge.
- O-1 Visa - Designed for individuals with extraordinary ability in the sciences, arts, education, or business, permitting them to work in the U.S.
- L-1 Visa - Enables multinational companies to transfer employees to a U.S. office for managerial or specialized knowledge roles.
Social Security Number Requirements
| Document | Description | Purpose |
|---|---|---|
| Social Security Number (SSN) | A unique nine-digit number assigned by the Social Security Administration (SSA) to eligible non-citizens legally authorized to work. | Used for tax reporting, employment verification, and accessing government benefits. |
| Employment Authorization Document (EAD) | Issued by the U.S. Citizenship and Immigration Services (USCIS), this card proves legal work authorization and enables SSN application. | Required to apply for an SSN if not previously issued one. |
| Immigration Status Documents | Includes valid visas, Form I-94, or permanent resident cards (Green Card) that demonstrate lawful presence and employment eligibility. | Support SSN application and employer verification processes. |
Document Renewal and Expiration Guidelines
Non-citizens working in the US must keep their employment authorization documents valid to maintain legal work status. Understanding renewal and expiration timelines is crucial to avoid lapses in employment eligibility.
- Employment Authorization Document (EAD) Expiration - EAD cards typically expire after one or two years and must be renewed before the expiration date to continue working legally.
- Renewal Filing Timeline - You should file for document renewal up to 180 days before the EAD expiration to allow sufficient processing time by USCIS.
- Status-Dependent Documents - Certain visas, like H-1B or L-1, require maintaining valid visa status and timely employer sponsorship renewals to prevent work authorization gaps.
Common Mistakes to Avoid When Submitting Documents
Non-citizens must submit accurate and valid documents such as a work visa, Employment Authorization Document (EAD), and Social Security Number (SSN) when applying for employment in the US. Common mistakes include submitting expired or mismatched documents, incomplete forms, and failing to provide proper translation for foreign documents. Ensuring proper documentation prevents delays and legal complications during the hiring process.
What Documents Does a Non-Citizen Need to Work in the US? Infographic
