What are the Legal Rights to Work in US?

The right to work in the United States is regulated by federal law, primarily the Immigration and Nationality Act (INA). Understanding your rights and the categories of eligibility is crucial if you seek employment within the country’s borders.

Many categories of non-citizens are eligible to work in the U.S. Here are some common examples:

• Green Card Holders (Permanent Residents): Individuals with lawful permanent residency status are authorized to work in the U.S. without restrictions.
• Temporary Work Visas: A wide range of temporary visas exist, including
• H-1B (specialty occupations), L-1 (intracompany transfers), and O-1 (individuals with extraordinary abilities). These visas allow for temporary work within the specific parameters of the visa.
• Student Visas: F-1 and M-1 student visas often permit limited types of employment related to the student’s course of study.
• Asylum Seekers and Refugees: Those granted asylum or refugee status are typically issued work authorization

Determining your own eligibility to work in the United States requires careful consideration of your immigration status:

• U.S. Citizens: If you are a U.S. citizen, you have the automatic legal right to work.
• Green Card Holders (Permanent Residents): If you have a valid Green Card, you have the unrestricted right to work.
• Non-Citizens with Work Authorization: If you hold a temporary work visa (like H-1B, L-1, etc.), an Employment Authorization Document (EAD), or have work authorization through another valid status (e.g., specific student visas, asylum granted), you are eligible to work within the restrictions of your status.
• Non-Citizens Without Authorization: If you don’t fall into any of the categories above, you likely do not have the immediate right to work in the U.S. Consult an immigration attorney to explore potential pathways to work authorization.

All employers in the U.S. are legally obligated to verify the work authorization of their employees. This process is done through the completion of Form I-9 (Employment Eligibility Verification). Employees must provide valid documentation from a list of acceptable documents provided by U.S. Citizenship and Immigration Services (USCIS).

Examples of acceptable documents include:

• U.S. Passport or Passport Card
• Permanent Resident Card (“Green Card”)
• Unexpired foreign passport with an I-551 stamp
• Employment Authorization Document (Form I-766)
• Social Security Card (unrestricted)

• The Verification Process: Employers must carefully examine the documents provided and ensure they appear genuine. It’s critical they complete the Form I-9 according to the instructions.
• Anti-Discrimination Protections: Employers cannot discriminate against work-authorized individuals based on citizenship status or national origin. They are prohibited from requesting more or different documents than necessary or refusing to accept valid work authorization documentation.

• Students on F-1 Visas: These individuals have limited work options, typically on-campus or through specific training programs related to their field of study.
• Dependents of Visa Holders: In some cases, spouses and dependents of principal visa holders may be eligible for work authorization.
• Undocumented Immigrants: Undocumented immigrants do not have the legal right to work in the United States.

The Department of Homeland Security (DHS), through U.S. Citizenship and Immigration Services (USCIS), is the primary agency responsible for immigration and work authorization matters. Their website offers comprehensive resources and information.

Website – https://www.uscis.gov

The law surrounding immigration and work authorization is complex. If you have specific questions about your situation, it’s strongly recommended to consult with an experienced immigration attorney.

Your right to work in the United States heavily depends on your citizenship and immigration status. Understanding the requirements, processes, and your rights is essential to protect your lawful employment eligibility.