Documentation Required to Work in the United States (2024)

Employees must produce proof of identity and work authorization within a few days of starting a new job.

Under the federal Immigration Reform and Control Act, new employees must present proof that they are legally authorized to work in the United States. When you take a new job, you are required to fill out the employee's section of USCIS Form I-9 by the end of your first day on the job. You then have three business days to present your new employer with documents proving that:

  • you are who you say you are, and
  • you are legally authorized to work in the United States.

If you use forged, counterfeit, or altered documents to prove your identification or authorization to work, you may be fined and even imprisoned.

In This Article
  • When One Document Is Sufficient
  • When Two Documents Are Required

When One Document Is Sufficient

United States Citizenship and Immigration Services (USCIS, formerly the INS) periodically updates the list of documents sufficient to prove both identity and eligibility to be employed in the United States. Any one of the following documents is sufficient, on its own, to meet the requirements:

  • an unexpired United States passport
  • an unexpired foreign passport with an I-551 stamp
  • an alien registration receipt card or permanent resident card
  • an unexpired employment authorization card
  • an unexpired employment authorization document, issued by USCIS, which contains a photograph, or
  • an unexpired foreign passport with Form I-94 containing an endorsem*nt of nonimmigrant status.

When Two Documents Are Required

An employee who does not have one of the documents listed above must produce two documents: one establishing that he or she is authorized to work in the United States and another verifying identity.

To prove employment authorization, USCIS will accept:

  • a Social Security card
  • a U.S. birth or birth abroad certificate
  • a Native American tribal document
  • a U.S. citizen ID card
  • a resident citizen ID card, or
  • unexpired employment authorization documents issued by the Department of Homeland Security.

As proof of identity, USCIS will accept:

  • a current U.S. or Canadian driver's license that contains a photograph or description of personal characteristics
  • a federal, state, or local identification card with a photograph on it
  • a school ID card with a photograph
  • a voter's registration card
  • a U.S. military card or draft record
  • a military dependent's ID card
  • a U.S. Coast Guard Merchant Mariner card, or
  • a Native American tribal document.

For workers age 16 and younger, USCIS considers a school report card, daycare or nursery school record, or a hospital record (such as a birth certificate) acceptable as proof of identity.

Documentation Required to Work in the United States (1)

CAUTION

Your employer may copy and keep the forms. Your new employer is required to note the type of documents you produce and any expiration dates on your Form I-9. Although employers are not required to photocopy such documents, they have the right to do so. If they do, the copies must be kept on file with your Form I-9.

To learn more about immigrant documentation, see Nolo's Immigration Law section.

Documentation Required to Work in the United States (2024)

FAQs

What are the legal requirements to work in the USA? ›

To prove employment authorization, USCIS will accept:
  • a Social Security card.
  • a U.S. birth or birth abroad certificate.
  • a Native American tribal document.
  • a U.S. citizen ID card.
  • a resident citizen ID card, or.
  • unexpired employment authorization documents issued by the Department of Homeland Security.

What are the requirements to get a work permit in USA? ›

You do not need to be a permanent resident to get a work permit, but you need to have an immigrant or nonimmigrant visa that allows you to live and work in the United States. DACA recipients can also get work permits. It costs $410 –$495 to apply for a work permit and takes 2-7 months to get one.

What do I need to go to America for work? ›

If you live outside the United States and want to work here, you generally must apply for a visa from the U.S. Department of State (DOS), unless a visa is not required for people from your country of nationality. You may visit DOS' Travel Without a Visa page for more information.

What documents do I need to work in the US? ›

Documents that Establish Both Identity and Employment Authorization
  • U.S. Passport or U.S. Passport Card.
  • Permanent Resident Card or Alien Registration Receipt Card (Form I-551) ...
  • Foreign passport that contains a temporary I-551 stamp or temporary I-551 printed notation on a machine-readable immigrant visa.
Apr 17, 2024

What do immigrants need to legally work in the US? ›

Learn about work permits (EADs)

Nonimmigrant visa holders are typically required to have a work permit (EAD) before being hired to work in the U.S. In most cases, lawful or conditional permanent residents and nonimmigrants authorized to work in the U.S. for a specific employer may not need a work permit.

What are the requirements to get a job in America? ›

Most employers require at least a bachelor's or master's degree from the candidates. Skills and work experience: Some job roles may require additional qualifications and skills. So, check the job requirements carefully before applying. Health requirements: It is mandatory to submit a medical certificate for work visas.

Which visa is required to work in the USA? ›

Visa Classifications That Allow You To Work In The United States
Visa ClassificationDefinition
H-1B, H-1C, H-2A, H-2B, H-3Temporary worker
IForeign information media representative
J-1Exchange visitor, when certain conditions are met
K-1Fiancé of a U.S. citizen
10 more rows

What makes you legally eligible to work in the US? ›

An individual's work authorization, or employment eligibility, refers to his or her legal right to work in the United States. U.S. citizens, born or naturalized, are always authorized to work in the United States, while foreign citizens may be authorized if they have an immigration status that allows them to work.

How can I get legal work in USA? ›

Unlike many other countries, practicing law in the US requires an advanced JD or similar degree (so, three years of schooling on top of a four-year bachelor's degree in the USA). Students who know they want to pursue a law career in the future will often study pre-law in undergrad.

How to answer "Are you legally authorized to work in the US?"? ›

Typically, individuals are legally authorized to work in a country if they are citizens of that country, or if they have other status that grants them permission to work. If you're currently legally permitted to work in the country, select Yes.

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