Employment Authorization

Employment in the U.S.

U.S. Employers are required to ensure all employees are authorized to work in the U.S. A U.S. Citizen does not need work authorization. A Lawful Permanent Resident is authorized to work in the U.S. and must show their Lawful Permanent Resident Card (LPR or green card) as authorization of their ability to work. If you are not a U.S. Citizen or a Lawful Permanent Resident, some people may be able to apply for an Employment Authorization Document (EAD) to be able to work in the U.S. Others may be able to work under a work visa.

Work Visa and Business Immigration

Certain classes of nonimmigrant aliens can work in the U.S. for a specific employer and subject to their restrictions and conditions of their admission. There are many different types of visas that authorize foreign nationals to come to the U.S. to work for specific employers. Family members may be able to come to the U.S. on dependent visas associated with the work visas. Some of the more well-known visas include the following:

  • H Visa – Temporary worker or trainee.
  • E Visa – A nonimmigrant Treat trader (E-1) or treaty investors (E-2)
  • L Visa – Intra-company transferee
  • O Visa – Aliens having extraordinary ability in science, arts, education, business or athletics
  • Foreign Government Officials, employees of foreign government officials and those in transit

Employment Authorization Document (EAD)

An Employment Authorization Document (EAD) may be issued to asylees and asylum seekers, refugees, applicants to Adjust to Permanent Resident Status, people applying for or in temporary protected status, fiancés of U.S. Citizens, certain dependents of work visa holders and students seeking certain types of employment. There are other categories where an EAD may be issued. For a full list, please see 8 CFR Section 274a.12.

  • Replacement EAD: When an EAD is lost, stolen or mutilated, you can apply for a replacement EAD. A replacement EAD can also be used to correct incorrect information.
  • Interim EAD: When an EAD is not approved or denied within 90 days of submission, an applicant may request an interim EAD.