Immigrants seeking work authorization must provide several key documents, including a valid passport, visa, and Form I-765, Application for Employment Authorization. Supporting evidence may include proof of immigration status, such as a pending asylum application, DACA approval, or a pending adjustment of status petition. Employers may also require a Social Security number and verification through Form I-9 to confirm the employee's eligibility to work legally in the United States.
What Documents Does an Immigrant Need for Work Authorization?
| Number | Name | Description |
|---|---|---|
| 1 | Form I-765 (Application for Employment Authorization) | Form I-765, Application for Employment Authorization, is the primary document an immigrant must submit to the U.S. Citizenship and Immigration Services (USCIS) to obtain work authorization, requiring evidence such as a copy of the immigrant's I-94 Arrival/Departure Record and proof of eligibility category. Supporting documents may include a passport-style photo, government-issued identification, and a filing fee or fee waiver request, all essential to establish the immigrant's legal right to work in the United States. |
| 2 | Employment Authorization Document (EAD/Card) | An immigrant seeking work authorization must obtain an Employment Authorization Document (EAD), also known as an EAD card, issued by the U.S. Citizenship and Immigration Services (USCIS) to legally work in the United States. The EAD serves as a critical proof of eligibility for employment and requires submitting Form I-765, along with supporting identity and immigration status documents. |
| 3 | Form I-94 (Arrival/Departure Record) | Form I-94 (Arrival/Departure Record) is a critical document that verifies an immigrant's lawful entry into the United States and is often required to prove eligibility for work authorization. Employers and immigration officials use the Form I-94 to confirm arrival dates and legal status, which are essential for processing employment authorization documents such as the Employment Authorization Document (EAD). |
| 4 | Form I-551 (Green Card/Permanent Resident Card) | Form I-551, also known as the Green Card or Permanent Resident Card, serves as critical evidence of an immigrant's lawful permanent resident status and grants work authorization in the United States. Employers verify this document to ensure compliance with employment eligibility requirements under the Immigration Reform and Control Act (IRCA). |
| 5 | Form I-797 (Notice of Action) | Form I-797 (Notice of Action) serves as a crucial document for immigrants seeking work authorization, often acting as official confirmation of receipt or approval of an application such as Form I-765 (Application for Employment Authorization). This notice typically includes important details like receipt numbers, case status updates, or approval notifications, making it essential for verifying eligibility and processing work permits within U.S. Citizenship and Immigration Services (USCIS) guidelines. |
| 6 | Valid Visa (e.g., H-1B, L-1, O-1, E-2) | Immigrants seeking work authorization must present a valid visa such as H-1B, L-1, O-1, or E-2, which directly allows employment under U.S. immigration law. These visas serve as primary documentation required by the United States Citizenship and Immigration Services (USCIS) to verify lawful status and eligibility to work. |
| 7 | Passport (with valid visa and entry stamp) | A valid passport containing a current visa and an entry stamp is essential for an immigrant seeking work authorization, as it verifies legal entry and identity. Immigration authorities require this documentation to ensure eligibility for employment under U.S. immigration laws and to process work permits accurately. |
| 8 | Social Security Card | An immigrant seeking work authorization must provide a Social Security card as part of their essential identification and employment verification documents. The Social Security card confirms eligibility to work in the United States and is required by employers to complete the I-9 Form for lawful employment. |
| 9 | Advance Parole Document (Form I-512) | The Advance Parole Document (Form I-512) allows eligible immigrants to re-enter the United States after traveling abroad without affecting their pending immigration status, and is essential for maintaining continuous work authorization. This document is issued by U.S. Citizenship and Immigration Services (USCIS) and must be presented alongside work authorization evidence when seeking employment or verification under Form I-9. |
| 10 | Refugee Travel Document | Refugees seeking work authorization must present a valid Refugee Travel Document issued under the 1951 Refugee Convention along with Form I-765, Application for Employment Authorization. This document serves as proof of identity and legal status, enabling refugees to obtain an Employment Authorization Document (EAD) for lawful employment in the United States. |
| 11 | Form I-20 (for F-1 Students with work authorization, e.g., OPT) | Immigrant workers on F-1 visas seeking work authorization must present Form I-20, which reflects their status and eligibility for employment through programs such as Optional Practical Training (OPT). This document, along with an Employment Authorization Document (EAD) issued by USCIS, verifies that the individual is authorized to legally work in the United States. |
| 12 | Form DS-2019 (for J-1 Exchange Visitors with work authorization) | Immigrants applying for work authorization as J-1 Exchange Visitors must submit Form DS-2019, which certifies their eligibility for employment under the J-1 visa program and specifies their exchange visitor category. This form is essential for obtaining the Employment Authorization Document (EAD) or for securing permission from the program sponsor to engage in authorized employment during the exchange period. |
| 13 | Asylum Approval Notice | The Asylum Approval Notice serves as a crucial document for immigrants seeking work authorization, confirming their eligibility to apply for an Employment Authorization Document (EAD). This notice often includes case-specific details and official recognition of asylum status, enabling legal employment during the application process. |
| 14 | Deferred Action Approval Notice (e.g., DACA Notice) | The Deferred Action Approval Notice, commonly known as the DACA Notice, serves as a critical document granting eligible immigrants temporary protection from deportation and authorization to work legally in the United States. This notice must be presented alongside other identification and immigration status documents when applying for an Employment Authorization Document (EAD) to demonstrate eligibility for lawful employment. |
| 15 | Temporary Protected Status (TPS) Approval Notice | The Temporary Protected Status (TPS) Approval Notice is a crucial document that proves an immigrant's eligibility for work authorization under TPS, allowing them to legally work in the United States. This notice, together with a valid Employment Authorization Document (EAD) issued by U.S. Citizenship and Immigration Services (USCIS), is required to demonstrate legal work status to employers. |
| 16 | Form I-766 (Replacement EAD) | Immigrants seeking work authorization must submit Form I-765, Application for Employment Authorization, and upon approval, receive the Employment Authorization Document (EAD), commonly known as Form I-766. For those needing a replacement EAD due to loss, theft, or damage, filing a new Form I-765 with supporting evidence and the required fee is essential to obtain a valid Form I-766 work permit. |
Introduction to Work Authorization for Immigrants
Work authorization allows immigrants to legally work in the United States. To obtain work authorization, immigrants must submit specific documents proving their eligibility. These documents vary depending on the immigrant's legal status and visa category.
Understanding Legal Work Status in the United States
Immigrants seeking work authorization in the United States must provide specific legal documents to confirm their eligibility. Key documents include an Employment Authorization Document (EAD), Form I-765 approval, and valid immigration status evidence.
Understanding your legal work status requires reviewing your visa type, Form I-94 arrival/departure record, and any supporting USCIS notices. Proper documentation ensures compliance with federal regulations and eligibility for employment.
Types of Work Authorization Documents
Immigrants seeking work authorization must obtain specific documents to legally work in the United States. The main types of work authorization documents include the Employment Authorization Document (EAD), work visas, and certain immigrant visas that grant employment rights.
The Employment Authorization Document, issued by the U.S. Citizenship and Immigration Services (USCIS), is the most common document that proves eligibility to work. Other documents such as H-1B visas, L-1 visas, and certain green cards also authorize employment depending on the immigrant's status and visa category.
Eligibility Criteria for Work Authorization
What documents must an immigrant provide to qualify for work authorization?
Immigrants seeking work authorization must submit proof of their immigration status and eligibility under U.S. immigration law. Key documents include Form I-765, a valid immigration visa, and supporting evidence like an Employment Authorization Document (EAD) or a pending asylum application.
Step-by-Step Application Process
Immigrants seeking work authorization in the United States must follow a precise application process and gather specific documents to apply for an Employment Authorization Document (EAD). Understanding each step ensures timely and accurate submission of required materials.
- Form I-765 Completion - Fill out the Application for Employment Authorization accurately, providing personal and immigration details.
- Supporting Identification Documents - Submit copies of passports, visas, or previous EADs to verify identity and immigration status.
- Proof of Eligibility - Include documentation such as an approved I-797 Notice of Action or asylum approval to establish eligibility for work authorization.
- Filing Fee Payment - Pay the required application fee or submit a fee waiver request if eligible, as part of the application package.
- Form G-1145 Submission - Optionally attach the e-Notification form to receive timely electronic updates on the application status.
Following these steps carefully increases the likelihood of a successful Employment Authorization Document issuance for immigrants.
Required Supporting Documentation
To obtain work authorization as an immigrant, you must submit specific supporting documents to prove your eligibility. Required documentation typically includes a valid passport, an immigration status document such as Form I-94 or a visa, and a completed Form I-765, Application for Employment Authorization. Providing these documents ensures the application is processed without delay, confirming your legal right to work in the country.
Common Challenges and Solutions in the Application Process
Immigrants seeking work authorization must submit specific documents to meet U.S. Citizenship and Immigration Services (USCIS) requirements. Understanding common challenges in the application process can help applicants avoid delays and improve approval chances.
- Proof of Identity - Applicants must provide government-issued identification, such as a passport or national ID card, to verify their identity.
- Valid Immigration Status Documentation - Submitting forms like I-94, I-797, or visa approval notices is essential to prove legal presence in the U.S.
- Completed Form I-765 - Accurate and fully completed Form I-765 is required to request the Employment Authorization Document (EAD).
- Common Challenge: Missing or Incomplete Documents - Omissions or errors can cause application rejection; thorough review ensures all required documents are included.
- Common Challenge: Proof of Eligibility - Applicants must clearly demonstrate eligibility category and supporting evidence to avoid delays.
- Solution: Legal Assistance and Checklists - Using immigration attorneys and detailed checklists helps applicants gather correct documentation efficiently.
Renewal and Extension of Work Authorization
Renewal and extension of work authorization require submitting specific forms and supporting documents to USCIS before the current employment authorization expires. Form I-765, Application for Employment Authorization, is essential for both initial applications and renewals.
Supporting evidence includes a copy of the current Employment Authorization Document (EAD), proof of eligibility category, and government-issued identification. Timely submission ensures continuous work authorization without gaps in employment. Keeping track of expiration dates and filing at least 90 days before expiration is critical.
Rights and Responsibilities of Document Holders
Immigrants seeking work authorization must obtain specific legal documents to lawfully work in the United States. These documents grant certain rights and impose responsibilities on the holders.
- Employment Authorization Document (EAD) - Provides proof of the holder's legal right to work and must be kept valid to avoid employment disruption.
- Valid Visa or Immigration Status - Ensures that the immigrant's entry and presence are authorized, affecting eligibility for work authorization.
- Social Security Number (SSN) - Required to report income and taxes, enforcing compliance with U.S. labor and tax laws.
What Documents Does an Immigrant Need for Work Authorization? Infographic
