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For non-U.S. citizens, working legally requires securing the correct authorization, typically through an Employment Authorization Document (EAD) or a specific visa category like the H-1B or an employment-based green card. The process is governed by U.S. Citizenship and Immigration Services (USCIS) and hinges on an employer's petition in most cases.
All employers in the United States must verify an employee's identity and work authorization, a process governed by the Immigration Reform and Control Act (IRCA). This involves completing Form I-9. For non-citizens, this usually means presenting an Employment Authorization Document (EAD), also known as a work permit. You can apply for an EAD by filing Form I-765 with USCIS.
Alternatively, you can provide a single document that proves both identity and work authorization, such as a Permanent Resident Card (green card), or a combination of documents, like a foreign passport with a valid work visa. If you believe you have been discriminated against in hiring because of your citizenship status, even though you are authorized to work, you can contact the Office of Special Counsel for Immigration-Related Unfair Employment Practices.
If your goal is to live and work permanently in the United States, you will likely need an employer to sponsor you. The employer must file a Form I-140, Petition for Alien Worker. Eligibility is primarily based on a five-tier preference system for employment-based immigrant visas:
| Visa Preference Category | Typical Applicant Profile |
|---|---|
| EB-1 | Individuals with extraordinary ability, outstanding professors/researchers, and multinational executives/managers. |
| EB-2 | Professionals holding advanced degrees or persons with exceptional ability in their field. |
| EB-3 | Skilled workers, professionals, and other workers. |
| EB-4 | Special immigrants, including certain religious workers. |
| EB-5 | Immigrant investors who make a significant financial investment in a new commercial enterprise. |
Once the I-140 petition is approved and an immigrant visa number is available, you can apply to become a Lawful Permanent Resident.
Not everyone seeking to work in the U.S. intends to immigrate permanently. There are numerous nonimmigrant visas for temporary employment. Most of these require a U.S. employer to file a Form I-129 petition on your behalf. Common categories include the H-1B visa for specialty occupations, which typically requires a bachelor's degree, and other classifications for seasonal agricultural workers, intra-company transferees, and individuals with extraordinary ability in fields like athletics or the arts. These visas are usually valid for one to three years and may be extended, but they are tied to the specific employer and job.
To navigate this complex system successfully, it is critical to:
