Work Permits & E-Verify
Who can work in the U.S., how to get a work permit, and how Form I-9 and E-Verify work.
Important: General Information, Not Legal Advice
This is general educational information, not legal advice. Work-authorization categories, E-Verify requirements, and state laws change and vary. Working without authorization, or using false documents, can carry serious immigration consequences. Confirm the current rules at uscis.gov and e-verify.gov, and consult a licensed immigration attorney about your specific situation.
Whether you can work legally in the United States depends on your immigration status. This guide explains who is authorized to work, how to get a work permit (EAD), how Form I-9 and E-Verify work when you are hired, what happens if the system flags a mismatch, and the rights that protect you from discrimination.
On This Page
- Who is authorized to work and who needs a work permit
- How to get a work permit (EAD) with Form I-765
- What Form I-9 is and which documents you can choose
- What E-Verify is and which employers must use it
- Your rights if E-Verify flags a mismatch (a TNC)
💼 Who Can Work in the U.S.
Not everyone needs a work permit. Your immigration status determines whether you can work and whether you need a separate document to prove it.
- →Some people are authorized to work simply because of their status — for example, lawful permanent residents (green card holders), refugees, and asylees.
- →Some nonimmigrants can work only for a specific employer who sponsored them (for example, certain H-1B or L-1 workers).
- →Others must apply for an Employment Authorization Document (EAD) before they can work — for example, many asylum applicants, adjustment-of-status applicants, and DACA recipients.
- →Working without authorization, or using false or borrowed documents, can seriously harm your immigration case. If you are unsure, talk to a lawyer before accepting work.
🪪 Getting a Work Permit (EAD)
A work permit is officially called an Employment Authorization Document (EAD), Form I-766. You request it using Form I-765.
- →File Form I-765 with USCIS, selecting the eligibility category that matches your situation (for example, (c)(8) for asylum applicants or (c)(9) for adjustment-of-status applicants).
- →Fees, fee waivers, and processing times vary by category — check the current I-765 page before filing.
- →File renewals early. A timely renewal in an eligible category can give you an automatic extension past your card's expiration date — see our 'My Case Is Stuck' guide for details.
- →Your EAD card is what you show an employer to prove you may work. Keep it safe and renew before it expires.
📋 Form I-9: Proving You Can Work
Every employer in the U.S. must verify the identity and work authorization of everyone they hire, using Form I-9.
- →You complete Section 1 of Form I-9 on or before your first day, and present documents that prove your identity and your authorization to work.
- →You choose which acceptable documents to show — either one document from 'List A' (proves both, such as a passport, green card, or EAD) or one from 'List B' (identity) plus one from 'List C' (authorization).
- →Your employer cannot tell you which documents to provide, demand more documents than required, or reject documents that reasonably look genuine.
- →Never use fake, altered, or someone else's documents to complete Form I-9 — the immigration consequences are severe.
🖥️ What E-Verify Is
E-Verify is a government website that some employers use to electronically confirm the information on your Form I-9 against DHS and Social Security records.
- →E-Verify is voluntary for many employers, but required for federal contractors with the E-Verify clause and for employers in certain states. Rules vary — verify for your state.
- →Employers may only run E-Verify for new hires after the job offer is accepted. They are not allowed to 'pre-screen' job applicants with it.
- →If your information matches, the case is confirmed and nothing more is needed from you.
- →If it does not match, the system issues a 'Tentative Nonconfirmation' (TNC) — which is not a final answer and does not automatically mean you cannot work.
⚖️ If There's a Mismatch (TNC) and Your Rights
A Tentative Nonconfirmation can often be fixed. You have rights during this process.
- →You have the right to be told about a TNC privately and to decide whether to contest it. If you contest, you get a set number of federal working days to start resolving it with SSA or DHS.
- →While you are taking action to resolve a contested TNC, your employer cannot fire you, suspend you, withhold pay, or take other action against you because of the TNC.
- →Employers cannot treat you differently because of your citizenship, immigration status, or national origin, or demand specific documents — that is illegal document abuse and discrimination.
- →If you believe an employer broke these rules, you can contact the Department of Justice's Immigrant and Employee Rights Section (IER) worker hotline for free help.
🏢 For Employers: Enrollment and Compliance
If you are an employer, E-Verify and Form I-9 come with specific obligations.
- →To use E-Verify, enroll at e-verify.gov and sign the memorandum of understanding (MOU) that sets out the rules.
- →Once enrolled, you must use E-Verify for all new hires at the participating sites — not selectively, and not for existing employees (except as required by the federal contractor rule).
- →Complete and retain Form I-9 for every employee, and follow the required retention and re-verification timelines.
- →Do not use E-Verify or I-9 to discriminate, pre-screen applicants, or retaliate against workers who contest a TNC.
🤝 Getting Help
Free help is available for both work-authorization questions and workplace discrimination.
- →For unfair treatment, document abuse, or retaliation, contact the DOJ Immigrant and Employee Rights Section (IER) — it helps workers for free.
- →For questions about your EAD or eligibility, check uscis.gov or speak with a licensed immigration attorney or accredited representative.
- →Beware of anyone who offers to sell you work documents or guarantees a work permit — these are scams that can destroy your immigration case.
Official Links & Resources
USCIS — Working in the United States
Who is authorized to work and how to request a work permit.
Work Permit (Form I-765)
Apply for or renew an Employment Authorization Document.
E-Verify
Official E-Verify site for workers and employers.
Form I-9 (I-9 Central)
Acceptable documents and how Form I-9 works.
Immigrant and Employee Rights (IER)
Report workplace discrimination or document abuse — free worker help.