This article was last updated and fact checked on April 28, 2025 by Mani Karthik.
When I interviewed for my first job in America, the hiring manager asked if I was “legally authorized to work in the United States.”
I froze, unsure if my student visa with CPT permission qualified. That moment of panic could have cost me the job opportunity.
Many of us face confusion about our work authorization status, especially with different visa types having different work privileges.
Let me walk you through exactly how to determine if you’re legally authorized to work in the US, based on my years of navigating this system myself and helping others do the same.
In this article...
Quick Overview: Work Authorization in the United States
Being legally authorized to work in the US means having the right immigration status or documentation that permits employment.
US citizens, permanent residents (green card holders), and certain visa holders have work authorization.
Some visas allow unlimited work, while others permit only specific employment or require additional documentation like an Employment Authorization Document (EAD).
Your work authorization status determines how you should answer the crucial question on job applications: “Are you legally authorized to work in the United States?”
When traveling to USA, travel insurance is much recommended.
Two great plans are, Atlas America and Safe Travels USA.
However there are other choices like these, as well.
Who Is Legally Authorized to Work in the United States?
The following groups have work authorization in the US:
1. US Citizens
- Born in the US or naturalized
- Born abroad to US citizen parents
- Derived citizenship through parents’ naturalization
US citizens have unlimited work rights with no restrictions or expiration.
2. Permanent Residents (Green Card Holders)
- Can work for any employer
- No special permission needed
- Authorization valid as long as green card is valid
💡 Pro Tip: If your green card is expiring within six months, apply for renewal immediately. You can continue working with the expired card and renewal receipt notice for up to 24 months while awaiting your new card, based on the USCIS extension policy updated in 2025.
3. Employment Visa Holders
- H1B visa holders (specific employer only)
- L1 visa holders (specific employer only)
- E2 visa holders (only for the treaty investor company)
- O1 visa holders (specific employer/project only)
4. EAD Card Holders
Various groups can obtain an Employment Authorization Document (EAD):
- F1 students with OPT or STEM OPT
- H4 spouses of certain H1B visa holders
- Pending asylum applicants
- DACA recipients
- TPS (Temporary Protected Status) holders
- Pending adjustment of status applicants (I-485)
5. Other Special Categories
- Asylees and refugees (unlimited work authorization)
- NAFTA/USMCA professionals (TN status)
- J1 exchange visitors (specific program only)
- Students with CPT (Curricular Practical Training)
How to Verify Your Work Authorization Status
Step 1: Check Your Immigration Documents
Look at your current status documentation:
- US passport or birth certificate (for citizens)
- Green card (for permanent residents)
- I-94 record and visa stamp (for nonimmigrants)
- EAD card (for those with employment authorization)
Step 2: Understand Your Specific Limitations
Different statuses have different restrictions:
- Some allow work for any employer (citizens, green card holders)
- Some limit you to specific employers (H1B, L1)
- Some restrict hours or duration (F1 students)
- Some require employer sponsorship (most work visas)
Step 3: Verify Expiration Dates
Check when your authorization expires:
- Green cards typically valid for 10 years (2 years for conditional)
- EAD cards usually valid for 1 to 2 years
- Visa status duration on your I-94 record
- Automatic extensions may apply in certain cases
| Immigration Status | Work Authorization | Limitations | Requires EAD? |
|---|---|---|---|
| US Citizen | Unlimited | None | No |
| Green Card Holder | Unlimited | None while valid | No |
| H1B Visa | Limited | Specific employer only | No |
| F1 Student (OPT) | Limited | Field of study related | Yes |
| H4 Spouse | Limited | Only with approved EAD | Yes |
Common Situations and Work Authorization Status
Students on F1 Visas
- During studies: Can work on campus up to 20 hours per week
- With CPT: Can work off campus in positions related to your major
- With OPT: Can work in positions related to your field for 12 months
- With STEM OPT: Additional 24 months if in eligible field
H1B Visa Holders
- Can only work for the sponsoring employer
- Need a new H1B petition for changing employers
- Some part time or concurrent employment possible with additional petitions
Pending Immigration Status
- Pending adjustment of status to permanent resident: Can apply for EAD
- Pending asylum application: Can apply for EAD after waiting period
- Pending H4 EAD renewal: May continue working for 540 days with receipt notice
How to Answer the Work Authorization Question on Job Applications
When applications ask “Are you legally authorized to work in the United States?” answer based on your current status:
Answer “Yes” if:
- You are a US citizen
- You have a valid green card
- You have a valid EAD without employer restrictions
- You have work visa status that permits the specific employment
Answer “Yes, with sponsorship” if:
- You need the employer to file or transfer an H1B petition
- You need TN status sponsorship as a Canadian/Mexican professional
- You’re eligible for E3 visa as an Australian professional
Answer “No” if:
- You have no work authorization
- Your status explicitly prohibits employment
- You have a tourist or visitor visa
Common Mistakes to Avoid Regarding Work Authorization
1. Working Without Proper Authorization
Working without authorization is a serious immigration violation that can:
- Make you deportable
- Disqualify you from future immigration benefits
- Create a bar to reentry to the US
2. Misunderstanding Visa Limitations
Each visa type has specific rules:
- B1/B2 visitors cannot take regular employment
- F2 dependents cannot work at all
- J2 dependents need EAD before working
3. Letting Authorization Expire
- File renewals well before expiration (usually 6 months prior)
- Track renewal processing times on the USCIS website
- Understand grace periods and automatic extensions
4. Failing to Maintain Status
Your work authorization depends on maintaining your underlying status:
- Students must maintain full course loads
- H1B holders must maintain employment
- EAD holders must meet program requirements
FAQs About Legal Work Authorization in the US
Can I start working while my work permit application is pending?
Generally no. Most applicants must wait until they receive the physical EAD card before starting employment. The exception is green card renewal applicants and certain H4 EAD renewal applicants who can continue working with receipt notices under specific USCIS extension policies.
Does my Social Security card indicate my work authorization?
Yes, partially. Social Security cards marked “VALID FOR WORK ONLY WITH DHS AUTHORIZATION” indicate you need a valid visa or EAD to work. Cards without restrictions indicate permanent work authorization. However, employers still need to verify your specific status documents.
Can I do freelance or gig work on my visa?
It depends on your visa type. H1B and L1 visa holders generally cannot freelance. F1 students on OPT may be able to with proper documentation. Those with unrestricted work authorization (citizens, green card holders, or those with unrestricted EADs) can perform freelance work.
What happens to my work authorization if I change visa status?
When changing status, your work authorization changes to match the new visa category’s rules. There may be gaps in work authorization during the transition, so plan accordingly.
How do employers verify my work authorization?
Employers must complete Form I-9 verification for all employees. They’ll check your identity and work authorization documents and may use E-Verify to electronically confirm your eligibility to work.
Bonus Tips for Maintaining Work Authorization
Keep digital copies of all immigration documents.
Scan and securely store your passport, visa, I-94, EAD cards, approval notices, and receipt notices for easy access.
Set calendar reminders for expiration dates.
Create alerts 6 months, 3 months, and 1 month before any work authorization document expires.
Research automatic extension provisions.
Some EAD categories receive automatic extensions when renewal applications are filed before expiration.
Consider consulting an immigration attorney.
If your situation is complex or you’re changing employers/status, professional guidance can prevent costly mistakes.
💡 Pro Tip: Create a work authorization portfolio with a summary page listing your current status, expiration dates, and renewal timeframes. Include copies of all relevant documents. When interviewing for jobs, bring this portfolio to confidently address any authorization questions from HR or hiring managers.
Key Takeaways About US Work Authorization
- Know your exact immigration status and its work permissions
- Understand any limitations on your authorization (employer, duration, type of work)
- File renewals well before expiration dates
- Answer job application questions honestly based on your current status
- Never work without proper authorization
- Keep all documents organized and accessible
- Stay informed about changing immigration policies
Being clear about your work authorization status saves you from potential immigration problems and makes your job search more efficient.
Employers appreciate candidates who understand their status and can clearly explain their work eligibility.
I hope this guide helps clarify your work authorization status in the US. Understanding these details might seem complex at first, but it becomes second nature once you’re familiar with the system.
Wishing you a successful and rewarding career in America! ✈️
