Can I Work in the U.S. if I Am Not a Citizen or a Permanent Resident?

To work in the United States if you are not a lawful resident or citizen, you need an employment authorization document. U.S. citizens, lawful permanent residents (LPR or green card holders), and nonimmigrants with work authorization can legally work in the U.S.

Employers in the United States are also required by immigration law to verify your authorization to work in the country. In reality, many undocumented people work in the U.S. in a variety of jobs. However, undocumented workers caught by immigration authorities can face deportation.

Who Needs a Work Permit in the USA?

Non-citizens must obtain an Employment Authorization Document (EAD) to lawfully work in the U.S. Eligibility for an EAD includes the following categories:

• Student workers
• Temporary workers
• Non-immigrant visa holders
• Fiancés of United States citizens
• People seeking asylum or refugee status
• Temporary Protected Status (TPS) individuals
• Deferred Enforced Departure (DED) individuals

You can find a complete listing of these categories on Form I-765, or the Application for Employment Authorization. This is the form to fill out to apply for an EAD.

Foreign Nationals Without Lawful Residence or Citizenship

Most foreign nationals living in the U.S., who are not lawful residents or citizens, need an EAD. This is a work permit issued by the U.S. Citizenship and Immigration Services (USCIS).

Applying for an EAD to work in the U.S. legally depends on your immigration status. For many types of visas, family members can also apply for an EAD. Types of visa holders that can get an EAD include:

Temporary Work Visas

In some cases, you might need a temporary work visa instead of an EAD. These are immigration visas that permit a limited stay of employment in the U.S. They come in different types and apply to various occupations.

Some of these you may be able to obtain on your own, while others require a petition by an employer on your behalf.

Congress created the immigration laws with an eye toward foreign workers not displacing Americans from the workforce. Visa processing is generally faster for highly skilled workers and workers with advanced degrees than other types of workers.

Applying For an Employment Authorization Document (EAD)

The first thing to do is determine if you qualify for temporary work authorization. Then take the following steps:

• Fill out Form I-765 Application for Employment Authorization
• Submit the form and documents to USCIS
• The address depends on your type of application and immigration status
• Pay the filing fee of $520 (paper filing) or $470 (filing online)
• Include any additional information, which can vary based on your status

After submitting the EAD request, you will then receive:

• Confirmation notice that USCIS received your application
• Date for biometric services and an appointment for an interview (in some cases)
• A letter with the final decision

How Can a Lawyer Help Me if I Want to Work in the U.S.?

U.S. employers are not allowed to hire foreign workers who are not authorized to work in the U.S. Employers can apply for sponsorship for employment-based visas to hire foreign workers for temporary or long-term work.

Most companies ask for a work permit. If you have questions or problems securing a work permit, an immigration attorney may be able to help you in many ways:

• Guide you on what type of visa or immigration status you can have to work in the U.S.
• Advise you during the work permit application process (EAD)
• Tell you if you can change your immigration status to another that allows you to work
• Explain if you have options to get a permanent resident card

Immigration laws can change at any time. The U.S. government can impose new restrictions on non-citizens with work authorization. An immigration lawyer can explain any updates or changes to immigration laws. Contact a local immigration attorney if you have questions about employment eligibility so you can work in the U.S.