Working Legally in the US: Visas, EADs and Form I-9 Explained

Getting to the US is one thing. Being allowed to work there is another, and the difference catches out thousands of people every year, from students who take the wrong side job to visitors who "help out" in a relative's shop.

This guide explains who can work in the United States, which visas include work rights, when you need an Employment Authorization Document (EAD), and how employers check you through Form I-9 and E-Verify. It's written for people planning a move and for newcomers already in the US. Immigration rules change often, so check each point on the official USCIS page before you act.

The three ways to be allowed to work

Every legal worker in the US falls into one of three groups.

1. Citizens and permanent residents. US citizens and green card holders can work for any employer, in any job, without extra permission.
2. People whose status includes work. Some visa holders are authorised to work "incident to status". That means the permission comes with the visa itself, usually for one named employer.
3. People with an EAD. Others need a separate card, the Employment Authorization Document, before they can start work.

If you're not in one of these groups, any paid work for a US employer is unauthorised. That includes cash jobs, casual shifts and "trial days".

Work rights by status at a glance

Visas that come with work rights

Most temporary work visas start with an employer petition to US Citizenship and Immigration Services (USCIS). Once approved, you can work, but usually only for that employer, in that job, at that location.

The main examples:

• H-1B: degree-level specialty occupations. For how the cap and lottery work in 2026, see our H-1B explainer.
• L-1: managers, executives and specialists moving within the same multinational company.
• O-1: people with extraordinary ability or achievement.
• TN: professionals who are citizens of Canada or Mexico.
• H-2A and H-2B: temporary agricultural and non-agricultural jobs.

USCIS confirms that holders of H-1B, L-1B, O and P status don't need an EAD, because their work permission comes with their status.

When you need an Employment Authorization Document

An EAD is a card (Form I-766) that proves you can work in the US for a set period. You apply on Form I-765.

According to USCIS, you'd typically need one if you:

• have a pending green card application (Form I-485)
• have a pending asylum application (Form I-589) and meet the waiting rules
• are a student approved for Optional Practical Training (OPT)
• hold a status such as asylee, refugee or U nonimmigrant and need proof of your work permission

Some spouses of certain visa holders can also get work permission, but the rules differ by category. Check the USCIS page for your specific status before you accept a job.

The end of automatic extensions

This is one of the biggest recent changes. For years, many people who filed an EAD renewal on time got an automatic extension of up to 540 days while they waited.

DHS ended that practice. If you file your renewal on or after 30 October 2025, you no longer get an automatic extension, apart from limited exceptions set by law or by a Federal Register notice, such as some TPS cases. Extensions granted before that date aren't affected.

USCIS recommends filing a renewal up to 180 days before your card expires. Do it as early as the rules allow. A gap between cards means you must stop working, and your employer is required to take you off the schedule.

Students: what F-1 status allows

F-1 students get limited work rights, and breaking them can end your status.

• On-campus work is allowed within limits, typically up to 20 hours a week while school is in session.
• No off-campus work in the first academic year, according to USCIS.
• Curricular Practical Training (CPT) lets you work off campus when the job is part of your programme.
• Optional Practical Training (OPT) usually gives up to 12 months of work related to your field, often after you graduate.
• The STEM OPT extension can add 24 months for eligible science, technology, engineering and maths graduates whose employer uses E-Verify.
• Severe economic hardship can allow off-campus work in rare cases, with approval from your school's designated official and USCIS.

Always get approval before you start. Your school's international office is the first place to ask.

What counts as working illegally

Unauthorised work isn't just a job without papers. It includes:

• Paid work while on a visitor visa or the Visa Waiver Program, even for a few days.
• Working for an employer other than the one in your approved petition.
• Working after your EAD has expired and before a new one arrives.
• Off-campus student work without CPT or OPT approval.
• Continuing to work after your status has ended.

The consequences can be serious. Unauthorised work can make you ineligible to change or extend status, harm a future green card case and lead to removal. If you're visiting the US, our guide on improving your chances with a US visitor visa explains what visitors can and can't do.

How employers check you: Form I-9 and E-Verify

Every US employer must complete Form I-9 for every person it hires, citizens included. It confirms your identity and your right to work.

Step by step on your first day

1. Section 1 (you). Complete and sign it no later than your first day of work for pay. You can fill it in any time after you accept the offer.
2. Show your documents. Present either one document from List A (such as a US passport, green card or EAD) or one from List B (identity, such as a driver's licence) plus one from List C (work permission, such as a Social Security card).
3. Section 2 (employer). The employer examines your originals and completes Section 2 within three business days of your first day. If you started on a Monday, that means by Thursday.
4. E-Verify, if used. The employer may enter your I-9 details into E-Verify, which checks them against DHS and Social Security Administration records.

USCIS is clear that you choose which acceptable documents to present. An employer can't demand a specific document, such as your green card, if you've shown a valid alternative.

What E-Verify does

E-Verify is an online system that compares your I-9 information with government records, often within seconds. Federal contractors can be required to use it, and some states require it for certain employers. If E-Verify returns a mismatch, you have the right to be told and to contest it before any action is taken against you.

Costs and money

Work authorisation has its own costs, and the first months can be tight while you wait for paperwork.

• Filing fees. Form I-765 and other applications carry fees that vary by category. Check the current USCIS fee schedule on Form G-1055 before you pay.
• Social Security number (SSN). You need one to be paid and taxed correctly. Work-authorised non-citizens can apply through the Social Security Administration.
• Taxes. Most workers pay federal income tax, Social Security and Medicare taxes, and often state income tax. Some students and exchange visitors have limited exemptions, so check with the IRS.
• Bank account. Open one as soon as you can, so you can receive direct deposit. Some banks accept a passport and proof of address before you have an SSN.
• Health insurance. Employer plans often start after a waiting period. Budget for cover in the gap.
• Sending money home. Compare the full cost of each transfer, including the exchange rate margin, not just the fee.

Scams and red flags

Work authorisation attracts fraud. Be wary of:

• "Work permit agents" who say they can get you an EAD or visa faster for a fee. Only USCIS issues EADs.
• Fake documents. Buying or using a fake green card, EAD or Social Security card is a crime and can permanently bar you from immigration benefits.
• Notarios and unlicensed consultants. In the US, only licensed attorneys and DOJ-accredited representatives may give immigration legal advice.
• Employers who pay cash "off the books" to people without status. You lose wage protections and create a record that can hurt you later.
• Messages claiming to be from USCIS asking for payment by gift card or wire transfer. USCIS doesn't take payment that way.

Your checklist

• Confirm which of the three groups you're in: citizen or resident, work incident to status, or EAD.
• If your status is employer-specific, don't change jobs until the right petition is filed.
• If you rely on an EAD, note the expiry date and file your renewal as early as allowed.
• Students: get CPT or OPT approval before starting any off-campus job.
• Bring original I-9 documents on your first day, and remember you choose which ones.
• Apply for a Social Security number and open a bank account.
• Keep copies of every approval notice, card and I-94 record.
• Never pay anyone who promises a faster or "guaranteed" work permit.

Working legally protects your income, your rights at work and your future immigration options. If you're still looking for a job that comes with a visa, read our strategy guide to finding a high-paying US job with visa sponsorship. If you'd rather have a green card without an employer, the US Diversity Visa lottery is worth a look.