Work Authorization

Legal permission to work in the United States — either built into an immigration status or granted separately via an Employment Authorization Document (EAD).

Work authorization is the legal right to accept employment in the United States. Every employer must verify that new hires are authorized to work using Form I-9, which requires employees to present documents establishing both identity and work eligibility. Hiring someone without work authorization exposes employers to civil and criminal penalties, and working without authorization has serious immigration consequences for the individual.

Work authorization comes in two forms. The first is authorization that's 'incident to status' — meaning it flows automatically from your immigration classification. H-1B, L-1, TN, O-1, and other nonimmigrant visa holders are authorized to work for their specific sponsoring employer without needing a separate work permit. US citizens and lawful permanent residents (green card holders) are permanently authorized to work for any employer. The second form requires a separate Employment Authorization Document (EAD, Form I-766): an EAD is issued to people in categories like asylum seekers, certain students on OPT, spouses of some visa holders (H-4, L-2), and others with temporary protected status.

On job applications, the question 'Are you authorized to work in the United States?' is legally straightforward — but the follow-up ('Will you now or in the future require sponsorship?') is where candidates often get confused or feel pressure to misrepresent their situation. Requiring future sponsorship isn't inherently disqualifying, but many employers — particularly smaller companies — choose not to sponsor visas due to cost and complexity, making that question effectively a filter.

Who Is Authorized to Work Without Sponsorship

  • US citizens and US nationals.
  • Lawful Permanent Residents (green card holders, Form I-551).
  • Asylees and refugees (authorized to work incident to status).
  • People with Temporary Protected Status (TPS).
  • EAD holders: OPT, STEM OPT, H-4 EAD, L-2 EAD, DACA recipients, asylum applicants with pending cases.
  • Certain nonimmigrant visa holders (E-2, E-3 Australian professionals) whose spouses are also work-authorized.

I-9 Verification

  • Every employer must complete Form I-9 for every new hire within 3 business days of the start date.
  • Employees choose which documents to present from USCIS Lists A, B, and C — employers cannot specify which documents to accept.
  • List A documents establish both identity and work authorization (passport, green card, EAD).
  • Lists B + C combined establish identity and authorization separately (driver's license + Social Security card).
  • E-Verify: an optional (and in some states/federal contracts, mandatory) electronic system that cross-references I-9 data with DHS and SSA databases.
  • Discrimination: employers cannot ask for more or different documents than required, target certain employees for extra verification, or refuse to accept valid documents because of their national origin.

On the Job Application

  • 'Authorized to work in the US?' — answer yes if you have any valid work authorization now, including OPT, H-1B, EAD, green card, or citizenship.
  • 'Require sponsorship now or in the future?' — answer yes if you're on OPT/STEM OPT and will need an H-1B, or if you're on H-1B and would need the employer to maintain or transfer sponsorship. Answer no if you're a citizen, green card holder, or otherwise permanently authorized.
  • Misrepresenting work authorization on an application is grounds for termination and can have immigration consequences — always be accurate.

Example

A candidate on STEM OPT answers 'Yes, authorized to work' and 'Yes, will require future sponsorship' on her application. Her current EAD is valid for 3 years, and she'll need an H-1B cap-gap or H-1B approval before it expires. A company willing to sponsor understands this and moves forward; others filter her out at this step.