Are You Legally Authorized to Work in the United States – Here’s How to Find Out

This article was last updated and fact checked on October 11, 2024 by Mani Karthik.

If you’re planning to work in the United States, one of the most important questions you need to answer is, “Am I legally authorized to work in the U.S.?”

Whether you’re an international student, an immigrant, or someone on a temporary visa, navigating the U.S. work authorization process can feel overwhelming.

But don’t worry—we’re breaking it down so you can figure out if you have the right to work legally in the U.S. and what steps to take if you don’t.

1. What Does “Legally Authorized to Work” Mean?

Being legally authorized to work in the United States means you have the necessary immigration status or employment authorization that allows you to work for a U.S. employer. This permission comes either through a specific visa type, permanent residency, or employment authorization document (EAD).

Simply put, it’s proof that you’re allowed to earn a paycheck in the U.S. without violating immigration laws.

2. Who is Automatically Authorized to Work?

Certain individuals have automatic work authorization in the U.S., which means they don’t need any extra paperwork to start working legally. These include:

• U.S. citizens
  Born or naturalized U.S. citizens don’t need any special documents to work.
• Green card holders (permanent residents)
  If you hold a valid Green Card, you’re automatically authorized to work.
• Certain visa holders
  Some visa categories, like H-1B, L-1, O-1, and TN visas, are specifically employment-based visas. If you have one of these, you are authorized to work for the employer who sponsored your visa.
• Asylees and Refugees
  Individuals granted asylum or refugee status are typically authorized to work in the U.S. automatically and receive an Employment Authorization Document (EAD) as proof.

Tip: If you’re in one of these categories, you’re good to go! You don’t need additional work authorization.

3. Do You Need an Employment Authorization Document (EAD)?

For people who don’t automatically have work authorization (like certain visa holders or pending Green Card applicants), you’ll need an Employment Authorization Document (EAD), also called a work permit.

Common situations where an EAD is required:

• F-1 students on OPT
  If you’re an international student on an F-1 visa, you can apply for Optional Practical Training (OPT) to work temporarily in your field of study. For this, you’ll need an EAD.
• H-4 visa holders
  Spouses of H-1B workers (H-4 visa holders) can apply for an EAD under certain conditions, allowing them to work in the U.S.
• Pending Green Card applicants
  If you’ve applied for a Green Card (adjustment of status), you may apply for an EAD to work while your application is being processed.
• TPS holders
  If you have Temporary Protected Status (TPS), you are typically eligible to work with an EAD.

Tip: If you’re in the U.S. on a visa that doesn’t automatically authorize you to work, apply for an EAD to get legal work status.

4. How to Check Your Work Authorization Status

If you’re unsure about your work authorization status, here’s how to find out:

• Check your visa
  Look at your visa category. If it’s an employment-based visa like H-1B, L-1, or O-1, you’re likely authorized to work for the sponsoring employer.
• Look for your Green Card
  If you have a valid Green Card, you’re automatically authorized to work. Check the expiration date to ensure it’s current.
• Check your EAD
  If you have an EAD, you’re authorized to work. Make sure your EAD is not expired and covers the type of work you plan to do.
• Ask your employer
  If you’re starting a new job, employers typically verify work authorization during the Form I-9 process. This form helps ensure that all employees are authorized to work in the U.S. You’ll need to provide proof of your work authorization, like a Green Card, visa, or EAD.

5. What If You’re Not Authorized to Work Yet?

If you find out you’re not yet authorized to work in the U.S., don’t panic! There are steps you can take to get the work authorization you need:

• Apply for a work visa
  Depending on your situation, you can explore options like the H-1B, L-1, or O-1 visa categories, which allow foreign nationals to work in specific fields in the U.S.
• File for an EAD
  If you qualify for an EAD, go ahead and apply for it through USCIS. This includes international students on OPT, H-4 visa holders, asylum seekers, and others.
• Explore permanent residency
  If you’re planning to stay in the U.S. long-term, consider applying for a Green Card through family sponsorship, employment, or another qualifying category.

Tip: Make sure you apply for the correct visa or EAD category for your situation. Immigration laws are strict, and working without authorization can have severe consequences.

6. How to Apply for Work Authorization

If you need to apply for an EAD, follow these steps:

1. Complete Form I-765
   The I-765 is the official application form for an Employment Authorization Document.
2. Gather supporting documents
   You’ll need to provide evidence of your immigration status (visa, passport), proof of identity, and, in some cases, a job offer letter.
3. Pay the application fee
   The filing fee for Form I-765 is typically $410, but it can vary based on your status.
4. Submit the application to USCIS
   Mail your completed application, supporting documents, and payment to the correct USCIS office based on your location and visa type.
5. Wait for approval
   Once your application is approved, you’ll receive your EAD in the mail. You can then legally start working in the U.S.

Final Thoughts

If you’re unsure whether you’re legally authorized to work in the U.S., start by checking your visa type or residency status. Most immigrants and non-citizens need an EAD or a specific work visa to legally earn a paycheck.

Tip: If you’re not currently authorized, don’t attempt to work illegally—it could jeopardize your future chances of living and working in the U.S. Instead, explore the visa options or apply for the appropriate work permits.

Working in the U.S. legally opens up incredible opportunities, and knowing your status will keep you on the right track!