Work Permit Documentation Requirements for Foreign Nationals in the US

Last Updated May 14, 2025

A foreigner applying for a work permit in the US must submit a completed Form I-765, proof of their current immigration status, and a valid passport. Supporting documents typically include a copy of the Employment Authorization Document (EAD) or approval notice (Form I-797), and two passport-sized photos. Evidence of eligibility, such as a job offer letter or visa status, is essential to ensure the application aligns with USCIS requirements.

What Documents Does a Foreigner Need for a Work Permit in the US?

Number Name Description
1 USCIS I-797 Approval Notice A foreigner seeking a US work permit must present the USCIS I-797 Approval Notice as proof of petition approval by the United States Citizenship and Immigration Services. This document is essential for visa processing and employment authorization under categories like H-1B, L-1, or O-1 work visas.
2 Consular Processing Packet A foreigner applying for a US work permit must submit a Consular Processing Packet, which includes form DS-160, a valid passport, a job offer letter from a US employer, and the approved Form I-797 Notice of Action. Supporting documents such as proof of qualifications, financial evidence, and police clearance certificates are also required to complete the consular processing for the work visa.
3 Labor Condition Application (LCA) A foreigner applying for a US work permit must submit a certified Labor Condition Application (LCA) from the Department of Labor, which ensures that the employer meets wage and working condition requirements. The LCA verifies that hiring the foreign worker will not adversely affect the wages or work environment of US employees in similar positions.
4 Digital Visa Stamp (eVisa) Foreigners seeking a work permit in the US must present a valid passport, an approved visa petition, and the digital visa stamp (eVisa) in their passport issued electronically by the US Department of State. The digital visa stamp serves as official authorization for entry and employment, eliminating the need for a physical visa label affixed to the passport.
5 SEVIS I-901 Fee Receipt A foreigner applying for a U.S. work permit must present the SEVIS I-901 fee receipt as proof of payment for the Student and Exchange Visitor Information System, validating their status in the SEVIS database. This receipt is crucial alongside other documents such as a valid passport, Form I-797 (Notice of Action), and a completed Form I-765 for Employment Authorization.
6 Credential Evaluation Report A Credential Evaluation Report is essential for foreign workers seeking a U.S. work permit, as it verifies that their educational qualifications meet American standards. This report, typically obtained from a recognized credential evaluation agency, must accompany the work permit application to demonstrate equivalency and ensure compliance with immigration requirements.
7 Electronic I-94 Arrival/Departure Record Foreigners applying for a US work permit must present an electronic I-94 Arrival/Departure Record, accessible online through the Customs and Border Protection website, to verify their lawful entry and authorized stay in the country. This digital record serves as a critical document during the work permit application process, confirming immigration status and travel history.
8 Work Authorization Combo Card A foreigner applying for a U.S. work permit typically needs Form I-765 (Application for Employment Authorization) and may receive a Work Authorization Combo Card that serves as both an Employment Authorization Document (EAD) and Advance Parole for travel. Supporting documents often include a valid passport, I-94 arrival/departure record, proof of underlying immigration status, and two passport-style photos to complete the application.
9 Employer Registration Verification (E-Verify) Foreign employers must be enrolled in the E-Verify program to confirm the employment eligibility of foreign workers applying for a US work permit, ensuring compliance with federal regulations. This electronic verification system links to government databases to validate an employee's identity and legal right to work in the United States.
10 PERM ETA Form 9089 Foreigners applying for a work permit in the US must submit the PERM ETA Form 9089, which is a critical document used by employers to demonstrate that no qualified U.S. workers are available for the position. This form is part of the labor certification process required by the Department of Labor before the work permit application can proceed.

Overview of Work Permit Documentation

Obtaining a work permit in the US requires specific documentation to verify eligibility and legal status. Understanding these requirements simplifies the application process for foreigners seeking employment.

  • Valid Passport - Your passport must be current and valid for the duration of your stay in the US.
  • Employment Authorization Document (EAD) Application - Form I-765 is essential to apply for the actual work permit.
  • Proof of Immigration Status - Documentation such as approval notices or visa status evidence is necessary to confirm lawful presence.

Accurate and complete submission of all required documents increases the likelihood of timely work permit approval.

Eligibility Criteria for Foreign Nationals

Foreign nationals seeking a work permit in the US must meet specific eligibility criteria set by the United States Citizenship and Immigration Services (USCIS). Key documents include a valid passport, a completed Form I-765, and proof of lawful immigration status.

Applicants must demonstrate eligibility under categories such as asylum seekers, students with Optional Practical Training (OPT), or holders of specific visas like H-1B or L-1. Supporting evidence like a job offer letter or immigration status documents is essential to verify eligibility for the work permit.

Types of US Work Permits

Foreign nationals seeking to work in the United States must obtain a valid work permit, officially known as an Employment Authorization Document (EAD). The application process requires specific documentation depending on the type of work permit being sought.

  1. H-1B Visa - This permit allows US employers to hire foreign workers in specialty occupations requiring specialized knowledge and a bachelor's degree or higher.
  2. L-1 Visa - Designed for intracompany transferees, this permit enables employees of multinational companies to work in the US branch.
  3. O-1 Visa - Granted to individuals with extraordinary ability or achievement in fields like science, arts, education, or business for temporary work.

Essential Application Forms

What documents does a foreigner need for a work permit in the US? Essential application forms include the Form I-765, Application for Employment Authorization, and a valid passport. Supporting documents such as a visa, proof of immigration status, and photos are also required.

Required Identification Documents

Foreigners seeking a work permit in the US must provide specific identification documents to verify their eligibility. Essential documents include a valid passport and proof of legal immigration status.

The applicant should submit Form I-765 (Application for Employment Authorization) along with their passport photo page. Additional documentation such as a visa, I-94 arrival/departure record, or approval notice from the United States Citizenship and Immigration Services (USCIS) is required. These documents confirm identity and legal permission to work in the US.

Proof of Employment Offer

To obtain a work permit in the US, a foreigner must provide proof of an employment offer from a US-based employer. This document typically includes a formal offer letter outlining job details, salary, and duration of employment. The proof of employment offer is essential to demonstrate eligibility for the work permit application process.

Supporting Financial Documents

To obtain a work permit in the US, you must submit supporting financial documents proving your ability to sustain yourself during your stay. These documents can include bank statements, proof of income, or sponsorship letters from employers or family members. Ensuring your financial stability through these papers is crucial for a successful application process.

Fee Payment and Submission Guidelines

Obtaining a work permit in the US requires submitting specific documents along with fee payment. Understanding the fee structure and submission guidelines ensures a smooth application process.

  • Form I-765 - Complete and submit the Application for Employment Authorization form accurately.
  • Payment of Fees - Pay the required filing fee of $410 unless exempt, including an $85 biometric services fee if applicable.
  • Submission Guidelines - Mail your application to the correct USCIS address following their current instructions to avoid delays.

Common Application Mistakes

Required Documents for a US Work Permit Common Application Mistakes
  • Completed Form I-765 (Application for Employment Authorization)
  • Copy of valid passport biographical page
  • Current US visa and I-94 Arrival/Departure Record
  • Two recent passport-style photographs
  • Proof of eligibility category (e.g., Form I-20, DS-2019, or approved I-140)
  • Filing fee payment or fee waiver request
  • Supporting documentation to prove status and intent to work legally
  • Submitting incomplete or unsigned Form I-765
  • Using outdated or incorrect USCIS forms
  • Failure to submit required photographs or submitting non-compliant photos
  • Omission of supporting evidence for eligibility category
  • Incorrect or incomplete fee payment
  • Not including valid photocopies of passport and I-94 record
  • Submitting blurry or unreadable documents
  • Misunderstanding the eligibility criteria resulting in denial

What Documents Does a Foreigner Need for a Work Permit in the US? Infographic

Work Permit Documentation Requirements for Foreign Nationals in the US


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The information provided in this document is for general informational purposes only and is not guaranteed to be complete. While we strive to ensure the accuracy of the content, we cannot guarantee that the details mentioned are up-to-date or applicable to all scenarios. Topics about What Documents Does a Foreigner Need for a Work Permit in the US? are subject to change from time to time.

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