Proof of Right to Work in the United States (2024)

When beginning work, new employees must produce, on their first day, EITHER:

  • one document from List A OR
  • two documents: one EACH from List B and List C

NOTE: Must be original documents... photocopies are not acceptable.

List A

Documents that Establish Both Identity and Employment Eligibility

  1. U.S. Passport (unexpired)
  2. Permanent Resident Card or Alien Registration Receipt Card (Form I-551)
  3. An unexpired Foreign passport that contains a temporary I-551 stamp or temporary I-551 printed notation on a machine-readable immigrant visa
  4. An unexpired Employment Authorization Document that contains a photograph (Form I-766)
  5. In the case of a nonimmigrant alien authorized to work for a specific employer incident to status, a foreign passport with Form I-94 or Form I-94A, bearing the same name as the passport and containing an endorsem*nt of the alien's nonimmigrant status, as long as the period of endorsem*nt has not yet expired and the proposed employment is not in conflict with any restrictions or limitations identified on the form
  6. Passport form the Federated States of Micronesia (FSM) or the Republic of the Marshall Islands (RMI) with Form I-94 or Form I-94A indicating nonimmigrant admission under the Compact of Free Association Between the United States and the FSM or RMI.

or List B

Documents that Establish Identity

  1. Driver's license or ID card issued by a state or outlying possession of the United States provided it contains a photograph or information such as name, date of birth, gender, height, eye color and address
  2. ID card issued by federal, state or local government agencies or entities, provided it contains a photograph or information such as name, date of birth, gender, height, eye color and address
  3. School ID card with a photograph
  4. Voter's registration card
  5. U.S. Military card or draft record
  6. Military dependent's ID card
  7. U.S. Coast Guard Merchant Mariner Card
  8. Native American tribal document
  9. Driver's license issued by a Canadian government authority

For persons under age 18 who are unable to present a document listed above:

  1. School record or report card
  2. Clinic, doctor or hospital record
  3. Day-care or nursery school record

and List C

Documents that Establish Employment Eligibility

  1. U.S. Social Security card (other than a card stating it is not valid for employment)
  2. Certification of Birth Abroad issued by the Department of State (Form FS-545)
  3. Certification of Report of Birth issued by the Department of State (Form DS-1350)
  4. Original or certified copy of a birth certificate issued by a state, county, municipal authority or territory of the United States bearing an official seal
  5. Native American tribal document
  6. U.S. Citizen ID Card (Form I-197)
  7. ID Card for use of Resident Citizen in the United States (Form I-179)
  8. Unexpired employment authorization document issued by DHS (other than those listed under List A)

Derived from the Department of Homeland Security
(U.S. Citizenship and Immigration Services)

Proof of Right to Work in the United States (2024)

FAQs

Proof of Right to Work in the United States? ›

To prove employment authorization, USCIS will accept:

What is proof of legal right to work in the US? ›

Documents that Establish Employment Eligibility. U.S. Social Security card (other than a card stating it is not valid for employment) Certification of Birth Abroad issued by the Department of State (Form FS-545) Certification of Report of Birth issued by the Department of State (Form DS-1350)

What form proves that you are eligible to work in the US? ›

An Employment Authorization Document (EAD) is sometimes referred to as a work permit — or, more officially, Form I-766. With this document, you can prove that you are eligible to work legally in the United States.

How do I know if I'm legally authorized to work in the US? ›

Your Green Card (Form I-551, Permanent Resident Card) is evidence of your employment authorization. You also do not need to apply for an EAD if you have a nonimmigrant status [MJM1] that authorizes you to work for a specific employer incident to your status (for example, you are an H-1B, L-1B, O, or P nonimmigrant).

How do you get the right to work in the US? ›

Most US work visas require having a job offer from a US-based employer who will act as the sponsor for the visa. Some individuals are also on non-employment-based statuses and are permitted to work but they must first obtain a work permit.

Is a US passport proof of right to work? ›

To get a job in California and the other 49 states, you must present unexpired documents: a single document (e.g. USA passport, green card, etc.) that is proof of identity and authorization to work in the USA, OR.

Does a social security card proof US citizenship? ›

The following will not be accepted as secondary evidence of U.S. citizenship: Voter registration card. Army discharge paper. Social Security Card.

Are you authorized to work in the United States without sponsorship? ›

Yes, it is possible to obtain a work visa without sponsorship from an employer in the United States. There are three types of visas that allow this, and they are known as EB-1, O-1, and EB-5.

Can you use a passport instead of a social security card for a job? ›

Photo Identification

You can use any document from the following list: State identification (ID) card. Driver license. US passport or passport card.

How to verify if a green card is valid? ›

The USCIS number (USCIS#) on the face of the card should match the number at the end of the first line of "code" on the back of the card. The date of birth on the front of the card should also be the same as the one listed at the beginning of the second line of "code" on the back of the card.

How much is the work authorization fee? ›

Typically, the filing fee for Form I-765 is $520 but the work permit cost depends on a number of factors. The fee could be more if you are required to submit biometrics with your application.

What does an employment authorization card look like? ›

3. What Does an EAD Look Like? The EAD is a plastic card with the cardholder's identifying information and photo, the permit's expiration date on it, A-number and the receipt number of the I-765 application. It may also include the applicant's fingerprint.

What is an employment auth document? ›

If you are not a citizen or a lawful permanent resident, you may need to prove that you can work in the United States by presenting an Employment Authorization Document (Form I-766/EAD). You may apply for an EAD if you are eligible.

What is the legal verification of your right to work in the United States as required by the Immigration Reform and Control Act of 1986? ›

All employers must use Form I-9 for all employees hired on or after Nov. 6, 1986, who are working in the U.S. This act also established prohibitions against national origin and citizenship or immigration status discrimination with respect to hiring, firing and recruitment or referral for a fee.

Is I-94 proof of legal presence? ›

Form I-94 or Form I-94A (Arrival/Departure Record)

The arrival/departure record indicates your immigration status, the date your status was granted and the date that your status expires. Therefore, Form I-94 or Form I-94A can be used to establish your legal status in the United States.

What counts as legal entry? ›

To lawfully enter the United States, a noncitizen must apply and present himself or herself in person to an immigration officer at a U.S. port of entry when the port is open for inspection. A noncitizen who arrives at a port of entry and presents himself or herself for inspection is an applicant for admission.

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