What are the general requirements to work legally in the US?

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The promise of opportunity draws people to the United States from every corner of the globe. Building a life here often starts with securing stable employment. However, navigating the legal landscape surrounding work eligibility can feel daunting. Understanding the general requirements to work legally in the US isn’t just about checking boxes; it’s the essential foundation for contributing your skills and building a future within the nation’s dynamic economy. Whether you’re a recent graduate exploring international opportunities, a seasoned professional eyeing a career move, or an employer looking to hire talent globally, grasping these core requirements is paramount.

The pathway to legal employment in the US isn’t one-size-fits-all. It hinges significantly on an individual’s citizenship or immigration status. While US citizens enjoy the broadest access, non-citizens must navigate specific visa categories and processes designed by federal agencies like USCIS (U.S. Citizenship and Immigration Services) and the Department of Labor. This article breaks down the fundamental requirements, providing clarity and context to help demystify the process and empower individuals and employers to move forward confidently.

Your Starting Point: Citizenship and Residency Status

The most straightforward path to legal employment in the United States is through citizenship or lawful permanent residency (a green card). These statuses grant individuals the broadest rights in the labor market.

US Citizens

If you are a US citizen by birth or through naturalization, you face minimal hurdles. You possess the absolute right to work for any employer in the United States, in any position, without needing special permission beyond what the job itself requires (like professional licenses). You simply need to provide proof of identity (like a driver’s license) and authorization to work (like a Social Security card) during the Form I-9 employment verification process. Employers generally cannot ask about your citizenship status during the initial application phase.

Lawful Permanent Residents (Green Card Holders)

Lawful Permanent Residents (LPRs) also possess a strong right to work. Like citizens, they can generally accept any job offer without needing additional employer sponsorship, though they must maintain their status. During the Form I-9 process, they present their green card as proof of both identity and authorization to work. The primary requirement for LPRs is ensuring their status remains valid by meeting residency obligations and renewing the card before it expires.

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Practical Tip: Always keep your original proof of status documents (like your passport and green card) readily accessible when applying for jobs and completing Form I-9. Photocopies are not acceptable for verification.

Non-Citizens: Visa Categories and Work Authorization

For foreign nationals who are neither US citizens nor LPRs, the path to legal employment is more complex and contingent on specific visa categories that grant work authorization. Key players here include USCIS for visa petitions and the Department of Labor for certain applications.

Non-Immigrant Work Visas (Temporary)

These visas allow individuals to work in the US for a defined period and specific purpose. The employer almost always initiates the process by filing a petition with USCIS on behalf of the worker. Common categories include:

    • H-1B Specialty Occupation Visa: For individuals in fields requiring specialized knowledge and a bachelor’s degree or higher (e.g., software engineers, architects, scientists). The job must meet specific educational requirements.
    • L-1 Intracompany Transfer Visa: For employees transferring from a foreign office of the same company (or one affiliated through ownership/control) to a US office in a managerial, executive (L-1A), or specialized knowledge (L-1B) capacity.
    • O-1 Extraordinary Ability Visa: For individuals demonstrating sustained national or international acclaim in sciences, arts, education, business, or athletics (e.g., Nobel Prize winners, Oscar winners, renowned researchers).
    • TN Visa (NAFTA/USMCA): For citizens of Canada and Mexico in designated professional occupations (e.g., accountants, engineers, scientists, graphic designers) requiring specific credentials.
    • J-1 Exchange Visitor Visa: For participants in work-and-study-based exchange programs (like camp counselors or research scholars), which may include specific work components authorized by the program sponsor.

Key Requirements for Most Non-Immigrant Visas:

    • A valid passport.
    • A job offer from a US employer willing to sponsor you (filing the petition).
    • Meeting the specific eligibility criteria of the visa category (education, experience, skills).
    • Approval of the underlying petition by USCIS.
    • Receiving the correct visa stamp in your passport at a US embassy or consulate (if required).
    • Maintaining valid status while in the US (e.g., not working outside the approved terms).

Employment Authorization Documents (EADs)

Some individuals can obtain work authorization through an Employment Authorization Document (EAD), often filed directly with USCIS, without needing an employer petition. Common pathways include:

    • Asylees and Refugees: Granted EAD immediately upon being granted asylum or refugee status.
    • Certain Students: F-1 students can apply for Optional Practical Training (OPT) or Curricular Practical Training (CPT) related to their field of study.
    • Spouses of Certain Visa Holders: Spouses on H-1B, L-1, or E visas can often obtain EADs.
    • Pending Adjustment of Status: Individuals with an approved I-130 or I-140 petition and a pending green card application (adjustment of status) may be eligible for an EAD.
    • Victims of Crime (U Visa) or Trafficking (T Visa): Petitioners under these visas may be eligible for EADs.
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Key Requirements for EADs:

    • Filing the correct application (like Form I-765) with USCIS and paying the fee.
    • Meeting the specific eligibility requirements for the category you’re applying under.
    • Providing supporting documentation (like passport, forms, proof of status).
    • Receiving the physical EAD card, which serves as proof of work authorization.

Essential Documentation and Employer Responsibilities

Regardless of status, both employees and employers have clear responsibilities during the hiring process:

Employee Responsibilities (Form I-9)

Upon being hired, every employee (citizen, LPR, or non-citizen) must complete Form I-9, Employment Eligibility Verification. This form requires the employee to attest under penalty of perjury that they are legally authorized to work in the US. They must also present documentation proving both their identity and work authorization. The employer examines the documents to ensure they appear genuine and relate to the employee.

Acceptable Documents (Combination Required):

    • List A: Documents that establish both identity and employment authorization (e.g., US Passport, Permanent Resident Card, Foreign Passport with EAD).
    • List B: Documents establishing identity (e.g., Driver’s License, State ID Card).
    • List C: Documents establishing work authorization (e.g., Social Security Card, Birth Certificate, EAD Card).

Employees must present original documents. Employers cannot specify which documents to present, as long as they are from the appropriate lists. The employer completes the employer section of Form I-9 within three business days of the employee’s first day of work.

Employer Responsibilities

Employers are legally required to verify the identity and work authorization of all new hires using Form I-9. Key obligations include:

    • Providing the form to the employee at the right time.
    • Ensuring timely completion (within 3 days).
    • Inspecting original documents presented and recording document information accurately.
    • Maintaining completed Forms I-9 securely for the required period (typically 3 years after hire or 1 year after termination, whichever is later).
    • Avoiding discrimination in hiring based on national origin or citizenship status (except for the specific verification process itself).
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Employers must also comply with requirements related to specific visas, such as obtaining a Labor Condition Application (LCA) from the Department of Labor before filing certain H-1B or L-1 petitions, and paying required wages.

Building a Legal Career: Proactive Steps for Success

Navigating US work authorization is an investment in your professional future. Here are actionable strategies:

    1. Research Thoroughly: Understand the visa category that best fits your skills, job offer, and long-term goals. Consult official USCIS and Department of Labor websites or reputable immigration attorneys.
    1. Secure a Job Offer First: For employer-sponsored visas (like H-1B), a validated job offer is typically the essential starting point. Target employers experienced in hiring foreign talent.
    1. Gather Documentation Early: Ensure your passport is valid, gather educational credentials, and prepare any necessary work experience documents well in advance of the application process.
    1. Engage Professionals: Immigration law is complex. Consulting a qualified immigration attorney is highly recommended, especially for situations involving family-based petitions, green card processes, or complex cases.
    1. Understand Deadlines and Timelines: Visa processing times vary widely. Be prepared for potential delays and plan accordingly, especially for students seeking OPT or individuals with expiring status.
    1. Maintain Compliance: If you are in the US on a temporary visa or an EAD, strictly adhere to the terms of your authorization (e.g., only work for the specified employer, in the specified role, within the authorized hours). Overstaying or violating terms can have severe consequences for future immigration prospects.

Embracing the responsibilities and opportunities of working legally in the United States opens doors to experience unmatched professional growth and cultural exchange. While the system has its complexities, understanding the core requirements—whether through citizenship, residency, or a specific visa pathway—is the critical first step. By arming yourself with knowledge, seeking appropriate guidance, and meticulously adhering to the rules, you position yourself to contribute meaningfully to the US workforce while building a secure and fulfilling career in this land of opportunity.

Published: January 7, 2026