Non-citizens require specific documents to obtain work authorization, including a valid visa or employment authorization document (EAD) issued by the United States Citizenship and Immigration Services (USCIS). Common documents include Form I-766 (Employment Authorization Document) or a valid visa such as H-1B, L-1, or O-1, which explicitly permits employment. These documents must be presented alongside proof of identity, such as a passport, to verify eligibility to work legally in the United States.
What Documents Does a Non-Citizen Need for Work Authorization?
| Number | Name | Description |
|---|---|---|
| 1 | Employment Authorization Document (EAD/Card, Form I-766) | Non-citizens require an Employment Authorization Document (EAD), also known as Form I-766, to legally work in the United States; this card serves as proof of identity and employment eligibility. The EAD must be obtained from U.S. Citizenship and Immigration Services (USCIS) and is essential for non-citizens such as asylum seekers, DACA recipients, and temporary visa holders. |
| 2 | Permanent Resident Card (Green Card, Form I-551) | A Permanent Resident Card (Green Card, Form I-551) serves as primary proof of identity and employment authorization for non-citizens working in the United States. Employers use this document to verify a worker's legal status and eligibility under the Employment Authorization Verification (Form I-9) process. |
| 3 | Temporary Resident Card | A Temporary Resident Card (TRC) serves as crucial proof of identity and work authorization for non-citizens, confirming their legal status and eligibility to work within the country. Employers typically require the TRC alongside a valid work permit or visa to verify an individual's right to employment and ensure compliance with immigration regulations. |
| 4 | Arrival/Departure Record (Form I-94) with Work Authorization Annotation | Non-citizens applying for work authorization must present the Arrival/Departure Record (Form I-94) with a work authorization annotation that demonstrates their legal status and eligibility to work in the U.S. This Form I-94 serves as crucial evidence of authorized employment, typically issued by U.S. Customs and Border Protection upon entry or status change within the country. |
| 5 | Valid Foreign Passport with I-94 Stating Work Authorization | A non-citizen must present a valid foreign passport accompanied by an I-94 form indicating work authorization to legally work in the United States. The I-94 serves as proof of the individual's immigration status and eligibility to work under specific visa categories. |
| 6 | Machine Readable Immigrant Visa (with temporary I-551 notation) | Non-citizens applying for work authorization must present a Machine Readable Immigrant Visa (MRIV) with a temporary I-551 notation, which serves as temporary evidence of permanent resident status. This visa allows employment authorization while the individual awaits the receipt of their permanent resident card. |
| 7 | Passport from Micronesia, Marshall Islands, or Palau with Form I-94 or I-94A | Non-citizens from Micronesia, the Marshall Islands, or Palau must present a valid passport from their respective country along with Form I-94 or I-94A to obtain work authorization in the United States. This combination serves as proof of their status under the Compact of Free Association, enabling lawful employment without requiring additional visas. |
| 8 | Employment-based Visa Stamp (if applicable, e.g., H-1B, L-1, E-3, TN, O-1) | Non-citizens applying for work authorization with an employment-based visa stamp, such as H-1B, L-1, E-3, TN, or O-1, must provide their valid visa stamp in their passport along with the Form I-797 Approval Notice. Documentation also includes a valid passport, Form I-94 arrival/departure record, and, when applicable, an employer-issued job offer or employment verification letter. |
| 9 | Asylum Approval Letter (with EAD or as specified) | A non-citizen must present an Asylum Approval Letter accompanied by an Employment Authorization Document (EAD) or other specified proof of work authorization to legally work in the United States. This documentation verifies the individual's asylum status and eligibility to gain employment under U.S. immigration regulations. |
| 10 | Refugee Travel Document | A Refugee Travel Document serves as a crucial piece of identification for non-citizens seeking work authorization, providing proof of their refugee status and permission to travel internationally. This document, issued under the 1951 Refugee Convention, is often required alongside Form I-765, Application for Employment Authorization, to validate eligibility for lawful employment in the United States. |
| 11 | Form I-797 Approval Notice (with work authorization eligibility, e.g., I-485 pending, certain visa categories) | Non-citizens seeking work authorization must present the Form I-797 Approval Notice indicating eligibility for employment, such as an I-485 pending status or specific visa classifications like H-1B, L-1, or TPS. This document serves as proof of authorized work status alongside valid identification and any accompanying employment authorization documents (EAD). |
| 12 | Certificate of Eligibility for Exchange Visitor (J-1, DS-2019) with Work Sponsor Authorization | Non-citizens applying for work authorization under the J-1 visa category must present the Certificate of Eligibility for Exchange Visitor Status (Form DS-2019) along with explicit work sponsor authorization to prove eligibility for employment. The DS-2019 form verifies participation in an approved exchange program and the work sponsor authorization confirms permission to engage in authorized work activities during the program period. |
| 13 | Certificate of Eligibility for Nonimmigrant Student (F-1, I-20) with employment authorization stamp/signature (if for student employment) | Non-citizens seeking work authorization must present the Certificate of Eligibility for Nonimmigrant Student (Form I-20) accompanied by a valid employment authorization stamp or signature from the designated school official, specifically for student employment. This document verifies authorized employment under F-1 visa status, essential for compliance with immigration regulations. |
| 14 | Social Security Card (with no employment restrictions, in combination with other identity documents) | Non-citizens seeking work authorization must present a Social Security Card with no employment restrictions alongside valid identity documents such as a government-issued passport or Form I-94. The unrestricted Social Security Card confirms eligibility to work in the U.S. when combined with approved work authorization documents like the Employment Authorization Document (EAD). |
| 15 | Form I-688B, Employment Authorization Card (older version) | Non-citizens seeking work authorization often present Form I-688B, Employment Authorization Card, an older version of the Employment Authorization Document issued by USCIS that verifies eligibility to work in the United States. This card contains critical identification details such as the individual's name, photograph, alien registration number, and expiration date, making it a key document for employment verification. |
| 16 | Form I-571, Refugee Travel Document | Non-citizens seeking work authorization may present Form I-571, Refugee Travel Document, which serves as proof of identity and employment eligibility under U.S. immigration law. This document is primarily issued to refugees and asylees, enabling them to legally work while facilitating international travel. |
Introduction to Work Authorization for Non-Citizens
Work authorization allows non-citizens to legally work in a country where they do not hold citizenship. Obtaining the correct documents is essential for compliance with immigration and labor laws.
Non-citizens must provide specific forms of identification and authorization to work legally. Common documents include Employment Authorization Documents (EAD), valid visas, or permanent resident cards. Understanding the required paperwork helps streamline the application process and ensures lawful employment.
Importance of Document Identification and Verification
Work authorization for non-citizens requires specific documents to confirm legal employment eligibility. Accurate identification and verification of these documents are crucial to meet federal regulations.
- Employment Authorization Document (EAD) - This card certifies your legal right to work in the U.S. and must be current and valid.
- Passport or National ID - Provides proof of identity and citizenship status needed for verification.
- Social Security Number (SSN) - Essential for reporting wages and allows proper employee identification in payroll systems.
Ensuring proper documentation prevents employment delays and complies with legal hiring standards.
Common Types of Work Authorization Documents
Non-citizens require specific documents to prove eligibility for work authorization in the United States. Common types include the Employment Authorization Document (EAD), which serves as primary proof of the right to work.
The EAD is issued by the United States Citizenship and Immigration Services (USCIS). Other accepted documents include certain visas such as the H-1B, L-1, and O-1, which allow employment under specific conditions.
Employment Authorization Document (EAD): Overview
The Employment Authorization Document (EAD) is a critical document that allows non-citizens to legally work in the United States. Your EAD serves as official proof of your eligibility to work and is issued by the U.S. Citizenship and Immigration Services (USCIS). To obtain an EAD, you must submit Form I-765 along with supporting identification and immigration status documents.
Permanent Resident Cards (Green Cards) as Work Proof
A Permanent Resident Card, commonly known as a Green Card, serves as primary proof of work authorization for non-citizens in the United States. This card verifies your legal status as a permanent resident and allows you to work without restrictions. Employers rely on this document to confirm your eligibility for employment under U.S. immigration laws.
Temporary Work Visas and Their Documentation
Temporary work visas require specific documentation to establish your eligibility for employment authorization in the United States. Proper identification and supporting documents must be submitted to comply with immigration and labor regulations.
- Form I-797, Notice of Action - This document proves your approved visa petition and is essential to confirm your legal authorization to work.
- Passport with Visa Stamp - Your valid passport containing the visa stamp indicates your permission to enter and work temporarily in the U.S.
- Form I-94, Arrival/Departure Record - This form details your lawful entry status and authorized duration of stay, crucial for verifying work eligibility.
Social Security Number Requirements for Non-Citizens
Non-citizens must provide proper documentation to obtain work authorization in the United States. A Social Security Number (SSN) is essential for employment and tax purposes.
- Valid Work Authorization Document - Documents such as an Employment Authorization Document (EAD) prove eligibility to work legally in the U.S.
- Social Security Number Requirement - You need an SSN to be paid by an employer and to report income to the Internal Revenue Service (IRS).
- Application for SSN - Non-citizens can apply for an SSN using proof of identity and immigration status through the Social Security Administration.
Acceptable Identification for Form I-9 Compliance
| Acceptable Identification for Form I-9 Compliance: Non-Citizen Work Authorization | |
|---|---|
| Document Category | Examples of Acceptable Documents |
| List A: Documents Establishing Both Identity and Employment Authorization |
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| List B: Documents Establishing Identity Only |
|
| List C: Documents Establishing Employment Authorization Only |
|
Common Challenges in Verifying Non-Citizen Documents
What documents are required for a non-citizen to obtain work authorization? Non-citizens typically need a valid Employment Authorization Document (EAD), a foreign passport with a visa, or Form I-94 indicating their legal status. Verifying these documents can be challenging due to varying expiration dates and authenticity concerns.
What are common challenges in verifying non-citizen work authorization documents? Employers often face difficulties confirming document validity because of counterfeit materials and frequent policy updates. Ensuring compliance with USCIS regulations requires careful scrutiny and access to up-to-date verification tools to protect your workforce.
What Documents Does a Non-Citizen Need for Work Authorization? Infographic
