Non-US citizens must obtain a valid work visa, such as an H-1B or L-1, depending on their job type and duration. Key documents include a passport, visa approval notice, and a completed Form I-9 to verify employment eligibility. Employers may also require a Social Security Number and proof of legal status to ensure compliance with US labor laws.
What Documents Does a Non-US Citizen Need to Work in the US?
| Number | Name | Description |
|---|---|---|
| 1 | Employment Authorization Document (EAD) | Non-US citizens need an Employment Authorization Document (EAD) issued by the United States Citizenship and Immigration Services (USCIS) to legally work in the U.S.; this card serves as official proof of work eligibility for specific visa holders, asylum seekers, and other eligible immigrants. Applying for an EAD requires submitting Form I-765, supporting documents, and a filing fee, after which processing times typically range from three to six months depending on the applicant's category and USCIS workload. |
| 2 | H-1B Specialty Occupation Visa | Non-US citizens seeking employment in the US under the H-1B Specialty Occupation Visa must submit a valid passport, a Labor Condition Application (LCA) approved by the Department of Labor, a Form I-129 petition filed by the prospective employer, and proof of specialized education or professional qualifications related to the specialty occupation. Employers must also provide evidence of the job's specialty nature and wage level, ensuring compliance with USCIS requirements. |
| 3 | Optional Practical Training (OPT) | Non-US citizens seeking to work in the US under Optional Practical Training (OPT) must have an approved Employment Authorization Document (EAD) issued by USCIS, a valid Form I-20 endorsed for OPT by their Designated School Official (DSO), and maintain their F-1 student visa status throughout the employment period. Employers typically require a copy of the EAD card, supporting transcripts, and proof of OPT authorization to verify work eligibility. |
| 4 | STEM OPT Extension | Non-US citizens seeking STEM OPT Extension must provide Form I-765, a valid EAD from the initial OPT period, Form I-983 training plan certified by the employer, and proof of degree in a designated STEM field from a SEVP-certified school. Maintaining legal F-1 status and submitting timely OPT employment reports to the designated school official are essential for compliance with DHS regulations. |
| 5 | Labor Certification (PERM) | Non-US citizens seeking employment in the US often require Labor Certification through the Program Electronic Review Management (PERM) process, which validates that no qualified US workers are available for the position. The PERM labor certification is essential documentation for employers to sponsor foreign workers for permanent residency and ensures compliance with Department of Labor regulations. |
| 6 | Form I-797 (Notice of Action) | Non-US citizens working in the US typically require a valid employment authorization document, and Form I-797 (Notice of Action) serves as official confirmation of their approved visa or work permit status. This form is essential for verifying lawful employment eligibility and must be presented alongside primary identification documents when completing employment verification processes such as Form I-9. |
| 7 | TN Visa Status | Non-US citizens seeking employment in the US under TN visa status must provide a valid passport, proof of Canadian or Mexican citizenship, and a detailed letter from the prospective employer outlining the job title, duties, and evidence that the position qualifies under NAFTA professional categories. Supporting documentation also includes credentials evaluation, relevant degrees or licenses, and a completed Form I-94 upon entry to confirm lawful admission under the TN status. |
| 8 | J-1 Exchange Visitor Visa | Non-US citizens seeking to work in the US under the J-1 Exchange Visitor Visa must obtain a DS-2019 form issued by a designated sponsor, passport valid for the duration of their stay, and proof of SEVIS fee payment. They are also required to carry a valid visa stamp and any employment authorization documents specific to their exchange program. |
| 9 | Form I-9 Supporting Documents | Non-US citizens must present valid Form I-9 supporting documents such as a Permanent Resident Card (Green Card), Employment Authorization Document (EAD), or a valid foreign passport with an I-94 arrival/departure record to verify employment eligibility in the US. Employers use these documents to confirm identity and authorization to work, complying with USCIS regulations and avoiding potential penalties. |
| 10 | E-Verify Work Authorization | Non-US citizens must provide valid work authorization documents, such as Form I-766 Employment Authorization Document (EAD) or an acceptable foreign passport with a valid Form I-94, to comply with E-Verify system requirements. Employers use E-Verify to electronically confirm the employee's eligibility to work in the US by cross-checking these documents against government databases. |
Introduction to Work Authorization for Non-US Citizens
Non-US citizens must obtain proper work authorization to legally work in the United States. Understanding the required documents is essential to ensure compliance with immigration laws.
You need specific documentation such as an Employment Authorization Document (EAD), a valid visa that permits employment, or a green card. The type of document required depends on your immigration status, including categories like H-1B visas, L-1 visas, or permanent residency. Employers typically verify work authorization through the Form I-9 process to confirm eligibility under U.S. law.
Importance of Work Authorization Documents
Work authorization documents are essential for non-US citizens seeking employment in the United States. These documents verify legal permission to work and ensure compliance with federal immigration laws.
Common work authorization documents include Employment Authorization Documents (EAD), H-1B visas, and L-1 visas. You must present valid documentation to your employer before starting any job in the US.
Overview of Employment Eligibility in the US
Employment eligibility in the United States requires specific documentation for non-US citizens. These documents verify your legal right to work and comply with federal regulations.
- Employment Authorization Document (EAD) - A card issued by USCIS that allows certain non-citizens to work legally in the US.
- Work Visa - Temporary visas such as H-1B, L-1, or O-1 that permit employment with a sponsoring employer.
- Social Security Number (SSN) - Required for tax reporting and employment verification for all workers.
Types of Non-US Citizen Work Authorization Documents
Non-US citizens must possess specific work authorization documents to legally work in the United States. Understanding the types of these documents is essential for compliance with U.S. employment laws.
- Employment Authorization Document (EAD) - A card issued by USCIS that allows individuals with certain visa statuses to work legally in the U.S.
- H-1B Visa - A non-immigrant visa permitting U.S. employers to hire foreign workers in specialty occupations requiring specialized knowledge.
- L-1 Visa - Used by multinational companies to transfer employees from foreign offices to U.S. branches with managerial or specialized expertise.
You must maintain valid work authorization documentation to ensure legal employment status in the U.S.
Eligibility Criteria and Requirements
What documents does a non-US citizen need to work in the US? Non-US citizens must present valid work authorization documents to be eligible for employment in the United States. These documents include visas, Employment Authorization Documents (EAD), or employment-based green cards.
What are the eligibility criteria for a non-US citizen to work legally in the US? Eligibility depends on your immigration status and the type of work visa or permit you hold. Common categories include H-1B visas for specialty occupations, L-1 for intra-company transfers, and the O-1 visa for individuals with extraordinary abilities.
What requirements must be met to obtain work authorization in the US? Applicants must demonstrate lawful presence, employer sponsorship if required, and approval by the US Citizenship and Immigration Services (USCIS). Verification through Form I-9 is mandatory for all employees to confirm identity and work eligibility.
Employment Authorization Document (EAD): Application and Renewal
The Employment Authorization Document (EAD) is a critical document that allows non-US citizens to work legally in the United States. This card serves as proof of your authorization to be employed for a specific period.
To apply for an EAD, submit Form I-765 along with required supporting documents, including proof of your current immigration status. Renewal applications must be filed before the expiration date to avoid work authorization gaps.
Visa-Based Work Authorization Categories
Non-US citizens must obtain proper visa-based work authorization to legally work in the US. Common visa categories include H-1B for specialized occupations, L-1 for intracompany transferees, and O-1 for individuals with extraordinary abilities. Each visa requires specific documentation such as a valid passport, approved Form I-129, and a valid Employment Authorization Document (EAD) if applicable.
Required Supporting Documentation
| Document | Description | Purpose |
|---|---|---|
| Employment Authorization Document (EAD) | Issued by U.S. Citizenship and Immigration Services (USCIS) | Proof of the legal right to work in the United States for noncitizens |
| Form I-797, Notice of Action | USCIS approval notice for various visa and work authorization petitions | Confirms authorization to engage in employment |
| Valid Passport | Issued by the individual's country of citizenship | Identification and travel document |
| Visa | Issued by U.S. Department of State | Allows entry into the U.S. under a specific visa status permitting work |
| Form I-9 | Employment Eligibility Verification form | Used by employers to verify identity and employment authorization |
| Social Security Number (SSN) or ITIN | SSN issued by Social Security Administration; ITIN for tax purposes | Required for payroll and tax reporting |
| Supporting Visa-Specific Documents | Examples include H-1B petition approval, L-1 documents, O-1 evidence | Proof of valid visa category eligibility for work |
| State Identification or Driver's License | Issued by the state government | Secondary identification for employment and legal purposes |
| Job Offer Letter | Formal employment offer from a U.S. employer | Supports visa and work authorization documentation |
You must present these documents to your employer and government agencies to legally work in the United States as a non-US citizen.
Common Challenges and How to Overcome Them
Non-US citizens require specific documents to legally work in the United States, often facing challenges related to visa status and documentation verification. Understanding these requirements helps ensure compliance and smooth employment processes.
- Work Visa Requirements - Obtaining a valid work visa such as H-1B, L-1, or O-1 is essential for legal employment eligibility in the US.
- Employment Authorization Document (EAD) - Many non-US citizens need an EAD to prove their right to work, which can be obtained through USCIS.
- Common Challenges and Solutions - Delays in visa processing and document verification can be addressed by timely application submission and maintaining clear communication with immigration authorities and employers.
What Documents Does a Non-US Citizen Need to Work in the US? Infographic
