What Is Work Authorization (And How to Know If You Have It)

"Work authorization" is often used as a catch-all phrase, but it actually refers to legal permission granted under U.S. immigration law to be employed in the United States. Some people have it automatically because of their status. Others need to apply for a separate document to prove it. Confusing the two can cost you a job offer, a delayed start date, or worse.

Our skilled employment-based immigration lawyers at SimVisa field this question constantly, usually from people who are somewhere in the middle of the immigration process and aren't sure whether they can accept a job, start freelancing, or even ask their employer to keep them on payroll. Here's a plain breakdown of what work authorization actually means, who has it, who needs to apply for it, and what employers check before they let you clock in.

Work Authorization, Defined

Work authorization is the legal right to be employed in the U.S. It isn't one single document. Depending on your situation, it can come from:

• U.S. citizenship
• Lawful permanent resident (green card) status
• A nonimmigrant visa that includes built-in employment rights (like an H-1B)
• A standalone card called the Employment Authorization Document (EAD)

The common thread is that every worker in the U.S., regardless of citizenship, must be able to prove they're authorized to work. Employers are legally required to check, and there's a specific federal form for that: Form I-9, Employment Eligibility Verification. Whether you satisfy Form I-9 through a U.S. passport, a green card, or an EAD depends entirely on your immigration category.

Do U.S. Citizens and Green Card Holders Need an EAD

No. This is the most common point of confusion. If you're a U.S. citizen or a lawful permanent resident, work authorization is already built into your status. You don't file anything extra with USCIS to earn the right to work. But what you have to do is prove your status to your employer (typically with a passport, birth certificate, or green card), and that satisfies Form I-9.

The EAD only comes into play for people whose immigration status doesn't automatically include employment rights, or whose status needs to be documented separately before an employer can legally hire them.

Work Authorization Built Into a Visa

Some nonimmigrant visa categories include work authorization automatically, tied to the specific employer who sponsored the petition. Common examples include:

• H-1B (specialty occupation workers)
• L-1 (intracompany transferees)
• O-1 (individuals with extraordinary ability)
• TN (certain Canadian and Mexican professionals)

If you're on one of these visas, you generally don't need to separately apply for an EAD to work for your sponsoring employer. That authorization is tied to the specific job and employer named in your petition, so if you want to work somewhere else, a new sponsorship process is usually required.

Some visa categories operate differently and require a standalone EAD, even though they're visa-based; certain H-4 spouses and some B-1 visitors fall into this group. If you're not sure which bucket your visa falls into, it's worth asking an attorney before you accept an offer.

The Employment Authorization Document (EAD)

For everyone else, including many people with a pending green card application, asylum applicants, and certain other categories, the path to legal work runs through Forms I-765 and I-766.

It helps to think of these as a request and a result:

• Form I-765, Application for Employment Authorization, is what you file with USCIS to request permission to work.
• Form I-766 is the physical card USCIS mails you if that request is approved. This card is what people usually mean by "EAD" or "work permit."

The I-766 shows your photo, your USCIS number, your eligibility category code, and the dates your authorization is valid. It's also a form of ID, but it doesn't establish your immigration status on its own, but just documents that you're allowed to work for the time period listed.

Who typically needs an EAD:

• Applicants with a pending green card application (adjustment of status)
• Asylum applicants and asylees
• Certain students on F-1 Optional Practical Training
• K-1 fiancé(e) visa holders before marriage
• Parolees and certain Temporary Protected Status holders
• Some H-4, L-2, and other dependent visa holders

How Long Does an EAD Last

EAD validity periods vary by category, and the rules have recently changed. In December 2025, USCIS reduced the maximum validity period for many EAD categories, including adjustment-of-status applicants, refugees, and asylees, from 5 years to 18 months. Separately, EADs tied to parole or Temporary Protected Status are now valid for one year, or the remaining length of the parole/TPS period, whichever is shorter.

Practically speaking, that means EADs expire faster than they used to, and renewal timing matters more than ever. USCIS recommends filing a renewal application (a new Form I-765) up to 180 days before the current card expires. Many categories qualify for an automatic extension of continued work authorization while a timely renewal is pending, but the extension period and eligibility depend on your category, so don't assume it applies to you without checking current USCIS guidance.

What Employers Actually Check: Form I-9

Every employer in the U.S. is required to complete Form I-9 for every new hire, citizen and noncitizen alike. The employee has to present acceptable documents proving both identity and work authorization. A U.S. passport alone is sufficient, for example, while other combinations require two separate documents, such as a driver's license plus a Social Security card, or (for noncitizens without one of the above) a valid EAD.

Employers cannot demand a specific document over another if you're eligible to present multiple options, and they cannot use immigration status to justify discriminatory hiring practices. If your work authorization is tied to a specific document with an expiration date, it's your responsibility (and your employer's) to track that date and re-verify before it lapses. Working past an expired EAD, even by a few days without a qualifying extension, can create real problems for a pending immigration case.

What Work Authorization Doesn't Mean

A few clarifications worth keeping in mind:

• An EAD isn't a green card or a visa. It only proves you can work for a set period. It doesn't grant permanent status and doesn't replace whatever underlying application or status you're relying on.
• Work authorization isn't automatic just because a case is "in process." Filing a green card application, for instance, doesn't let you work, as you generally need the EAD that comes with a pending adjustment of status application.
• Losing your job doesn't automatically end your work authorization, but it can affect certain visa categories that are tied to a specific employer, so the details matter based on your category.