What does work authorization mean?

An individual’s work authorization (also referred to as employment eligibility) is their legal right to work in the United States. U.S. citizens, born or naturalized, are authorized to work in the United States, while foreign citizens can become authorized if they have an immigration status permitting employment.

How do I know if I need work authorization?

If the individual is not a citizen or a lawful permanent resident, they may need to present an Employment Authorization Document (Form I-766/EAD), proving they can work in the United States. Anyone eligible for an EAD can apply.

What is needed for work authorization?

Documents are broken down into three groups, A, B, and C. Employees must show a document or combination of documents from List A or one document from List B and one document from List C. Examples of these documents are:

LIST A: documents that establish identity and employment authorization

1. U.S. passport or U.S. passport card
2. Form I-551, Permanent Resident Card or Alien Registration Receipt Card (commonly called a Green Card)
3. Foreign passport with a temporary I-551 (ADIT) stamp or temporary I-551 printed notation on a machine-readable immigrant visa (MRIV)
4. And so on

LIST B: Documents That Establish Identity

1. Driver’s license or ID card issued by a state
2. School ID card with a photograph
3. Voter’s registration card
4. And more

Individuals under 18-years-old can show one of the following:

1. School record or report card
2. Clinic, doctor, or hospital record
3. Daycare or nursery school record

LIST C: Documents that establish employment authorization

• A Social Security Account Number card, unless the card is
  NOT VALID FOR EMPLOYMENT
  VALID FOR WORK ONLY WITH INS AUTHORIZATION
  VALID FOR WORK ONLY WITH DHS AUTHORIZATION
• A birth certificate issued by the U.S. Department of State
• Native American tribal document
• And more

How do employers verify work authorization?

Employers can use Form I-9 to verify a person’s identity and employment authorization in the United States. All U.S. employers must complete Form I-9 for every person they hire in the United States, including citizens and noncitizens.

Why is work authorization important to HR?

Before onboarding begins, HR must verify a worker’s work authorization to comply with immigration laws and regulations. Hiring unauthorized workers can have steep legal repercussions such as heavy fines and penalties that hinder operations.

How can HR ensure compliance with work authorization laws?

HR can maintain compliance with employment regulations by training HR staff on immigration laws and regulations, auditing processes, and using technology that ensures compliance.
Leading employment technology will ensure compliance by:

• Providing experts in local employment laws, payroll regulations, and more
• Checking all payroll data eliminating mistakes
• Validating contracts with local experts and legal departments