1. What Does It Mean to Be Legally Eligible to Work in the U.S.?
Being legally eligible to work in the United States means you have official permission from the U.S. government to accept employment. This authorization may come from citizenship, permanent residency, or a valid work visa or Employment Authorization Document (EAD).
Employers are required by law to confirm each employee’s work eligibility through the Form I-9 Employment Verification Process, ensuring all staff are authorized to work in the country.
2. Who Is Legally Eligible to Work in the U.S.?
You are considered eligible to work in the U.S. if you fall into one of the following categories:
✅ U.S. Citizens
- Automatically authorized to work.
- No additional documentation required beyond proof of identity (e.g., U.S. passport).
✅ Green Card Holders (Lawful Permanent Residents)
- Granted indefinite permission to live and work in the U.S.
- Must present a Permanent Resident Card (Form I-551) to prove eligibility.
✅ Visa Holders with Work Authorization
- Holders of visas such as H-1B, L-1, or O-1 are allowed to work for specific employers.
- Authorization is linked to the sponsoring employer.
✅ EAD Holders (Employment Authorization Document)
- Granted to certain foreign nationals, such as asylum seekers, DACA recipients, or dependent visa holders.
- Provides temporary work authorization across multiple employers.
3. Common U.S. Work Visas for Foreign Nationals
H-1B Visa (Specialty Occupations)
- For professionals in fields like IT, finance, healthcare, and engineering.
- Requires a bachelor’s degree or higher and an employer sponsor.
- Valid for up to 6 years.
L-1 Visa (Intra-Company Transfer)
- For employees transferring from a foreign company to a U.S. branch or affiliate.
- Two categories: L-1A (executives/managers) and L-1B (specialized knowledge).
- Valid for 1–7 years, depending on category.
O-1 Visa (Extraordinary Ability)
- For individuals with proven distinction in science, arts, sports, or business.
- Requires evidence of exceptional achievements.
- Valid for 3 years initially, with extensions possible.
F-1 Visa with OPT or CPT (Student Employment)
- For international students in the U.S. on a student visa.
- OPT (Optional Practical Training) and CPT (Curricular Practical Training) allow temporary work related to the student’s field of study.
- OPT is valid for 12 months, extendable to 36 months for STEM graduates.
4. Employment Authorization Document (EAD)
An Employment Authorization Document (Form I-766) allows certain non-citizens to legally work in the U.S.
Common Categories Eligible for EAD:
- Asylum seekers or refugees
- DACA recipients (Deferred Action for Childhood Arrivals)
- H-4 or L-2 dependent visa holders
- Applicants for adjustment of status (Green Card applicants)
EADs are typically valid for 1–2 years and must be renewed to maintain employment rights.
5. Documentation Needed to Prove Work Eligibility
All U.S. employees must provide documentation under the Form I-9 process to verify their identity and authorization to work.
Acceptable Documents Include:
List A (Proves both identity and work authorization):
- U.S. Passport or Passport Card
- Permanent Resident Card (Green Card)
- Employment Authorization Document (EAD)
List B (Proves identity) – and must be paired with a List C document:
- State-issued Driver’s License
- School ID with photograph
List C (Proves employment eligibility) – used with a List B document:
- Social Security Card (unrestricted)
- Birth Certificate showing U.S. birth
- Certificate of U.S. Citizenship or Naturalization
Employees can present one document from List A, or one each from Lists B and C.
6. How to Apply for Work Authorization
The process depends on your immigration status and visa type.
Step 1: Secure a Job Offer
Most work visas require a sponsoring employer willing to file a petition on your behalf.
Step 2: Employer Petition
Your employer files Form I-129 (Petition for a Nonimmigrant Worker) with U.S. Citizenship and Immigration Services (USCIS).
Step 3: Visa Application
Once approved, you’ll apply for your visa at a U.S. embassy or consulate in your home country.
Step 4: Enter the U.S. and Begin Work
After your visa is approved, you can legally enter the country and begin employment under the conditions of your authorization.
If you’re applying for an EAD, you’ll file Form I-765 (Application for Employment Authorization) directly with USCIS.
7. Consequences of Working Without Legal Authorization
Working without proper authorization is a serious violation of U.S. immigration law and can lead to:
- Deportation or removal from the U.S.
- Visa revocation or denial of future visa applications.
- Civil fines and loss of employment.
- Ineligibility for future immigration benefits, including Green Card applications.
Employers who knowingly hire unauthorized workers can also face substantial penalties.
8. Frequently Asked Questions (FAQs)
1. Can I work in the U.S. on a tourist visa (B-1/B-2)?
No. Tourist and business visitor visas strictly prohibit employment of any kind.
2. Can my spouse work if I have a U.S. work visa?
Yes, in some cases. Dependents with H-4 (with EAD) or L-2 visas may work after obtaining proper authorization.
3. Do I need an EAD if I already hold an H-1B visa?
No. The H-1B visa automatically includes work authorization for the sponsoring employer.
4. Is work authorization transferable?
It depends. Some visas, like the H-1B, require the new employer to file a transfer petition. EAD holders generally have more flexibility.
5. How can I prove my work eligibility?
By presenting a passport, Green Card, EAD, or work visa, along with supporting identity documents.
9. Conclusion
Proving your eligibility to work in the United States is essential for lawful employment and long-term career stability. Whether you are a citizen, Green Card holder, or visa worker, you must maintain valid documentation under the I-9 verification process.
Understanding your visa type, renewal requirements, and authorized employment limits ensures full compliance with U.S. immigration law.
For professional immigration support with U.S. work authorization or visa applications,
contact Martin Taggart — your trusted immigration law partner.