The Employment Authorization Document (EAD) serves as the primary source document that validates permission to work in the U.S. Issued by the U.S. Citizenship and Immigration Services (USCIS), the EAD confirms that an individual is legally authorized to be employed. Employers rely on this document during the I-9 verification process to ensure compliance with immigration laws.
Introduction to Employment Authorization in the U.S.
Employment authorization in the United States is a crucial requirement for non-citizens seeking legal work. The primary source document that validates permission to work is the Employment Authorization Document (EAD), issued by the U.S. Citizenship and Immigration Services (USCIS).
The EAD serves as evidence that an individual is legally permitted to work in the U.S. for a specific period. It is available to various immigrant categories, including asylum seekers, refugees, and certain visa holders. Possessing an EAD ensures compliance with U.S. employment laws and enables access to legitimate job opportunities.
Importance of Source Documents for Work Eligibility
Source documents are essential for verifying your legal authorization to work in the United States. These documents ensure compliance with immigration laws and protect both employers and workers from legal issues.
- Employment Authorization Document (EAD) - This card proves work eligibility for non-citizens holding temporary or specific immigration statuses.
- Form I-9 Verification - Employers use this form to confirm that an employee's documents establish identity and eligibility to work in the U.S.
- Permanent Resident Card (Green Card) - This card grants lawful permanent residents the right to work and live in the United States indefinitely.
Overview of U.S. Employment Authorization Categories
The primary source document that validates permission to work in the U.S. is the Employment Authorization Document (EAD), issued by the United States Citizenship and Immigration Services (USCIS). Various U.S. employment authorization categories include eligibility through asylum, Temporary Protected Status (TPS), and certain nonimmigrant visa classifications such as H-4 or L-2 spouses. Your ability to work legally depends on securing the appropriate category and obtaining the corresponding EAD.
Form I-9: Legal Foundation for Employment Verification
The Form I-9 serves as the primary legal foundation for verifying employment eligibility in the United States. It requires employers to confirm that employees have valid authorization to work in the country.
- Form I-9 Requirement - All U.S. employers must complete Form I-9 for each new employee to document identity and work authorization.
- Acceptable Documents - Employees provide source documents such as a U.S. passport, Permanent Resident Card, or Employment Authorization Document to validate permission.
- Employer Responsibility - Your employer must review and retain Form I-9 to remain compliant with federal immigration law and avoid penalties.
List A Documents: Establishing Both Identity and Work Authorization
List A documents serve as primary evidence to establish both identity and employment authorization for individuals working in the United States. These documents simplify the Form I-9 verification process by confirming a worker's eligibility without needing additional documentation.
Examples of List A documents include a U.S. Passport, Permanent Resident Card (Green Card), and Employment Authorization Document (EAD). Presenting any valid List A document perfectly satisfies the requirement to prove both identity and legal authorization to work in the U.S.
List B Documents: Proof of Identity Only
List B documents serve as proof of identity only when verifying an individual's eligibility to work in the U.S. These documents do not establish employment authorization by themselves.
Examples of List B documents include state-issued driver's licenses, school identification cards, and U.S. military identification cards. Employers must accompany these with List C documents to confirm work authorization.
List C Documents: Proof of Employment Authorization Only
Employers in the U.S. must verify an individual's permission to work through acceptable documents. List C documents specifically provide proof of employment authorization only, without establishing identity.
- Employment Authorization Document (EAD) - Issued by the U.S. Citizenship and Immigration Services (USCIS), this card serves as primary proof of legal work authorization.
- Form I-766 - Commonly referred to as an EAD card, it contains the employee's photo and expiration date, validating work eligibility.
- List C only documents - These do not establish identity; employers must pair them with List B documents to complete Form I-9 verification.
Your employer uses these documents to confirm your legal permission to work in the United States.
Common Examples of Acceptable Source Documents
What source document validates permission to work in the U.S.? The most common documents include a U.S. Passport or Passport Card, which serve as proof of both identity and employment authorization. Your Permanent Resident Card (Green Card) and Employment Authorization Document (EAD) also qualify as acceptable evidence.
Employer and Employee Responsibilities in Document Verification
| Aspect | Details |
|---|---|
| Source Document Validating Work Permission | The Employment Authorization Document (EAD), Form I-766, issued by U.S. Citizenship and Immigration Services (USCIS) is the primary source document that validates an individual's permission to work in the United States. |
| Employer Responsibility | Employers must verify the identity and employment eligibility of new hires by examining original documents such as the EAD, U.S. passport, Permanent Resident Card (Green Card), or other acceptable documents listed on the Form I-9. Employers must complete and retain Form I-9 for each employee and ensure compliance with U.S. immigration laws to avoid penalties. |
| Employee Responsibility | Employees must present valid and original documents proving identity and employment authorization at the time of hire. Providing false or fraudulent documents can result in legal consequences and jeopardize employment status. Employees should ensure that documents are current and unexpired. |
| Document Verification Process | The employer inspects the documents physically to confirm authenticity and matches information accurately on Form I-9. Neither the employer nor employee should photocopy documents. The process must be completed within three business days from the date of hire. |
| Compliance and Recordkeeping | Employers must store Form I-9 securely and retain it for a minimum of three years after the date of hire or one year after termination, whichever is later. Proper document verification protects both parties and ensures adherence to federal immigration regulations. |
What Source Document Validates Permission to Work in the U.S.? Infographic
