Non-citizens in the U.S. need specific documents for work authorization, primarily the Employment Authorization Document (EAD) issued by the U.S. Citizenship and Immigration Services (USCIS). Supporting documents may include a valid visa, Form I-94 (Arrival/Departure Record), and proof of eligibility such as a pending application for adjustment of status or asylum. Employers must verify these documents to ensure compliance with U.S. employment laws and immigration policies.
What Documents Does a Non-Citizen Need for Work Authorization in the U.S.?
| Number | Name | Description |
|---|---|---|
| 1 | EAD (Employment Authorization Document) | Non-citizens seeking work authorization in the U.S. must obtain an Employment Authorization Document (EAD), which serves as proof of legal authorization to work. Key documents required to apply for an EAD include Form I-765 (Application for Employment Authorization), a valid passport, current immigration status evidence, and supporting documents specific to the applicant's eligibility category. |
| 2 | USCIS Form I-765 | USCIS Form I-765, Application for Employment Authorization, is the primary document a non-citizen needs to obtain work authorization in the U.S., allowing eligible individuals to legally work while their immigration status is being processed. Supporting documents such as a copy of the applicant's Form I-94, passport, and proof of eligibility category must accompany Form I-765 to meet USCIS requirements. |
| 3 | STEM OPT Extension Card | Non-citizens seeking work authorization in the U.S. under the STEM OPT Extension must possess the Employment Authorization Document (EAD) card issued by USCIS, which verifies eligibility to work in a STEM-related field. This card, along with a valid Form I-20 endorsed by the designated school official and Form I-765 application receipt, is essential for maintaining legal employment status during the extension period. |
| 4 | Temporary Protected Status (TPS) Approval Notice | The Temporary Protected Status (TPS) Approval Notice serves as a crucial document for non-citizens seeking work authorization in the U.S., confirming their eligibility to apply for an Employment Authorization Document (EAD). This approval notice must be presented alongside the EAD application to the U.S. Citizenship and Immigration Services (USCIS) to demonstrate lawful status under TPS guidelines. |
| 5 | Deferred Action for Childhood Arrivals (DACA) Card | Non-citizens applying for work authorization under the Deferred Action for Childhood Arrivals (DACA) program must present a valid DACA approval notice (Form I-797) along with the Employment Authorization Document (EAD), commonly known as the DACA card. These documents collectively serve as proof of lawful presence and authorization to work legally in the U.S., complying with U.S. Citizenship and Immigration Services (USCIS) regulations. |
| 6 | Automatic EAD Extension Notice | Non-citizens seeking work authorization in the U.S. must present a valid Employment Authorization Document (EAD) or an Automatic EAD Extension Notice, which extends work authorization for up to 180 days while the renewal application is pending. The Automatic EAD Extension Notice serves as official proof that the individual's employment eligibility remains valid beyond the original EAD expiration date. |
| 7 | Pending Asylum Applicant Receipt | Non-citizens with a pending asylum application in the U.S. need to present Form I-797C, Notice of Action, as their receipt notice to demonstrate proof of timely filing for work authorization. This receipt, along with Form I-765, Application for Employment Authorization, serves as the primary documentation required to apply for an Employment Authorization Document (EAD) while their asylum case is under review. |
| 8 | H-4 EAD (Spouse Work Permit) | Non-citizens seeking work authorization in the U.S. under the H-4 EAD program must submit Form I-765 along with proof of H-4 status, a valid H-1B spouse's approval notice (Form I-797), and evidence of the H-1B spouse's eligibility based on approved I-140 or H-1B status extension beyond six years. Supporting documents such as passport copies, birth certificates or marriage certificates, and recent photographs are also required to complete the H-4 EAD application process efficiently. |
| 9 | Cap-Gap Extension I-20 | Non-citizens seeking work authorization under the Cap-Gap Extension must have an updated I-20 form issued by their designated school official, reflecting the extension of their F-1 status and employment eligibility until the start of their H-1B status. The Cap-Gap Extension I-20 is crucial for maintaining legal work authorization during the gap between the expiration of Optional Practical Training (OPT) and the commencement of H-1B employment. |
| 10 | C33 Category EAD (F-1 OPT STEM) | Non-citizens applying for work authorization under the C33 Category EAD (F-1 OPT STEM) must provide a valid Form I-20 endorsed by their designated school official, a valid passport, Form I-765 Application for Employment Authorization, and evidence of completion of a qualifying STEM degree. Supporting documents include the previous EAD card (if applicable), employment offer letter related to the STEM field, and proof of current F-1 visa status. |
Overview of Work Authorization for Non-Citizens
Non-citizens seeking work authorization in the U.S. must obtain the appropriate Employment Authorization Document (EAD) issued by the U.S. Citizenship and Immigration Services (USCIS). Key documents include Form I-765, supporting identification, and proof of eligibility such as visa status or pending immigration applications. Your work authorization allows legal employment while maintaining compliance with U.S. immigration policies.
Key Types of Employment Authorization Documents (EADs)
Non-citizens seeking work authorization in the U.S. must obtain specific Employment Authorization Documents (EADs) issued by the United States Citizenship and Immigration Services (USCIS). These documents serve as proof of eligibility to work legally within the country.
Key types of EADs include the Form I-766, which is commonly issued to asylum seekers, DACA recipients, and certain visa holders. Another important document is the EAD for Temporary Protected Status (TPS) beneficiaries, allowing them to work during their protected period.
Eligibility Criteria for Work Permits
Non-citizens seeking work authorization in the U.S. must meet specific eligibility criteria to obtain the necessary documents. Understanding these requirements ensures proper application for a work permit.
- Valid Immigration Status - You must hold a lawful immigration status that permits employment in the United States.
- Application Form I-765 - Submission of Form I-765, Application for Employment Authorization, is required to apply for a work permit.
- Supporting Evidence - Evidence such as a copy of your visa, Form I-94, or proof of pending immigration benefit must accompany your application.
Application Process for Work Authorization
| Document Required | Description | Purpose |
|---|---|---|
| Form I-765, Application for Employment Authorization | Official USCIS form used to apply for work authorization | Primary application for Employment Authorization Document (EAD) |
| Proof of immigration status | Documents such as Form I-94, Arrival/Departure Record, or valid visa | Verification of current lawful non-citizen status in the U.S. |
| Supporting Evidence | Documents related to eligibility category (e.g., asylum approval, DACA notice) | Establish eligibility for work authorization under specific immigration category |
| Identity Documentation | Valid passport or government-issued photo ID | Confirms identity of the applicant |
| Application Fee or Fee Waiver Request | Payment or documentation requesting fee exemption | Required for processing except if eligible for waived fees |
| Two Passport-Sized Photographs | Recent photos meeting USCIS specifications | Used for identification on Employment Authorization Document |
| Filing Instructions | Submit Form I-765 and attachments to the designated USCIS service center | Ensures correct processing of the work authorization application |
| Processing Time | Typically 3 to 7 months depending on USCIS workload and category | Timeframe to receive work permit decision and Employment Authorization Document |
| Receipt Notice | Form I-797C sent after USCIS accepts the application | Confirms acknowledgment of submitted application and tracking |
| Approval Notice and EAD Card | Official approval and Employment Authorization Document issued by USCIS | Authorizes lawful employment in the U.S. |
Required Documentation for EAD Applications
Non-citizens seeking work authorization in the U.S. must submit specific documents to apply for an Employment Authorization Document (EAD). Proper documentation ensures eligibility verification and smooth processing of the application.
- Form I-765 - The official application form for employment authorization that must be accurately completed and signed.
- Proof of Identity - Valid government-issued identification such as a passport or national ID card to confirm the applicant's identity.
- Immigration Status Documentation - Copies of current immigration status evidence like an I-94 arrival/departure record or visa that demonstrate legal presence.
Providing all required documents clearly helps avoid delays or denials in obtaining work authorization.
Work Authorization for Specific Visa Categories
What documents does a non-citizen need for work authorization in the U.S.? Non-citizens must provide specific documentation based on their visa category to obtain work authorization. Work authorization documents vary for visa holders like H-1B, L-1, O-1, and F-1.
Which work authorization document is required for H-1B visa holders? H-1B visa holders need an approved Form I-797, Notice of Action, to prove their work eligibility. This approval certifies the petition filed by your employer with the U.S. Citizenship and Immigration Services (USCIS).
What work authorization applies to L-1 visa holders? L-1 visa holders are authorized to work based on their visa status and do not require a separate Employment Authorization Document (EAD). The L-1 visa itself serves as proof of authorized employment with the sponsoring employer.
Do O-1 visa holders need additional work authorization documents? O-1 visa holders, recognized for extraordinary ability, typically do not need extra work authorization documents beyond their visa approval. The visa approval notice confirms their eligibility to work in the U.S.
Can F-1 visa holders obtain work authorization? F-1 visa holders may work under Optional Practical Training (OPT) or Curricular Practical Training (CPT), requiring an Employment Authorization Document (EAD). You must apply for the EAD through USCIS to participate legally in practical training programs.
Renewal and Extension of Work Permits
Non-citizens seeking to renew or extend work authorization in the U.S. must submit Form I-765, Application for Employment Authorization. Supporting documents include a copy of your current Employment Authorization Document (EAD) and evidence of continued eligibility.
Renewal applications should be filed 180 days before the current permit expires to avoid employment interruptions. Approval depends on maintaining your underlying immigration status and meeting U.S. Citizenship and Immigration Services (USCIS) requirements.
Common Challenges in Obtaining Work Authorization
Non-citizens must navigate complex documentation requirements to secure work authorization in the U.S. Challenges often arise due to fluctuating immigration policies and stringent eligibility criteria.
Common difficulties pertain to proving valid status, understanding paperwork, and meeting deadlines.
- Proof of Status - You must provide valid immigration status documents like an Employment Authorization Document (EAD) or specific visa forms.
- Application Complexity - The paperwork can be confusing, with numerous forms and supporting evidence required by U.S. Citizenship and Immigration Services (USCIS).
- Processing Delays - Long wait times and changing policy guidelines cause delays that complicate timely work authorization approval.
Rights and Responsibilities of EAD Holders
Non-citizens must obtain an Employment Authorization Document (EAD) to legally work in the U.S. The EAD serves as proof of work authorization and must be kept valid and updated. You have the right to work in any job while holding a valid EAD but must comply with all federal, state, and employer regulations related to employment.
What Documents Does a Non-Citizen Need for Work Authorization in the U.S.? Infographic
