Work Authorization

Who is authorized to work in the US

• US citizens and nationals. Authorized indefinitely.
• Lawful permanent residents (green card holders). Authorized indefinitely; the card expires but the status does not.
• People with an Employment Authorization Document (EAD, Form I-766). Covers many groups, including some asylum applicants, refugees, spouses of certain visa holders, people with Temporary Protected Status, and F-1 students on Optional Practical Training. Authorization runs until the card's end date unless extended.
• Employment-based visa holders such as H-1B, L-1, O-1, TN and E-3. Authorized only for the sponsoring employer and the conditions of that status.

The practical difference for HR is between people who can work for any employer with no end date, people who can work for any employer until a date, and people tied to a specific employer.

What you can ask candidates

Two screening questions are widely used and generally considered lawful when asked of every applicant:

1. "Are you legally authorized to work in the United States?"
2. "Will you now or in the future require sponsorship for employment visa status?"

Avoid asking about citizenship, country of birth or which visa someone holds at the application stage. Under the Immigration and Nationality Act, employers with four or more employees cannot discriminate based on citizenship status or national origin in hiring, except where a law, regulation or government contract requires US citizenship. "US citizens only" job ads are unlawful for most private-sector roles.

If you do not sponsor visas, you may say so in the job posting and use the sponsorship question as a knockout question, applied the same way to everyone.

Verifying it: Form I-9 and E-Verify

Every US employer must complete Form I-9 for each new hire: the employee completes Section 1 by the first day of work, and the employer examines documents and completes Section 2 within three business days. The employee chooses which acceptable documents to present. Asking for specific documents, or more than required, can be unlawful document abuse.

Employers enrolled in E-Verify then confirm the I-9 information electronically against government records. E-Verify is voluntary for most employers but required for many federal contractors and by some states for some or all employers.

Expirations and reverification

When a temporary authorization expires, the employer must reverify using Supplement B of Form I-9 by the expiration date. Do not reverify US citizens, lawful permanent residents presenting a green card, or List B identity documents. Track EAD and visa end dates in the HRIS with alerts at 90 and 30 days, since an employee whose authorization lapses cannot keep working.

EAD extension rules have changed several times in recent years, including automatic extensions for some categories while a renewal is pending. Check current USCIS guidance before deciding that an expired card means the person must stop working.

High-volume and multi-country notes

In contact center and hourly hiring, the most common problems are I-9 errors under time pressure: missed three-day deadlines, documents not examined, and Section 2 completed by untrained site staff. Use digital I-9 workflows, train everyone who completes Section 2, and audit a sample each quarter.

Outside the US the concept is similar but the process differs. The UK requires a right to work check before employment starts, and many countries tie work permits to a specific employer. Rules vary by country and change often.

Common mistakes

• Rejecting EAD holders because their card has an end date. Future expiration is not a lawful reason to refuse to hire.
• Asking for a green card or passport specifically.
• Not tracking expiry dates, then discovering a lapsed authorization in an audit.
• Treating "requires sponsorship" and "not authorized" as the same answer. An F-1 student on OPT is authorized now but may need sponsorship later.