Welcome to this comprehensive guide on work authorization in the United States. If you're interested in working in the U.S. but are not a U.S. citizen or permanent resident, this article is for you. We'll cover the different categories of individuals who can apply for work authorization, depending on their specific circumstances or status. 

Whether you're a foreign student, a refugee, an asylee, or a citizen of a certain country, there are ways for you to legally work in the U.S. Understanding these options is crucial to your journey towards employment in the United States. So, let's get started.

Before we delve into the specifics, let's first understand what work authorization is. Simply put, work authorization is a legal document or status that allows non-U.S. citizens or [permanent residents](/immigration-resources/green-card-benefits-and-responsibilities) to work in the United States. It's essential because it protects both you and your employer under U.S. labor laws.

Obtaining work authorization is a critical step if you're planning to work in the U.S. It's important to note that working without authorization can lead to severe consequences, including deportation and being barred from re-entering the U.S. in the future. Therefore, it's crucial to understand the different ways you can obtain work authorization based on your specific circumstances.

If you're applying for a [green card](/immigration-resources/green-card-immigration-guide), you might be wondering if you can work in the U.S. while your application is being processed. The good news is, yes, you can. Green card applicants can request a work permit, also known as an [Employment Authorization Document (EAD)](/immigration-resources/employment-authorization-application-guide), while their application is pending.

This is particularly applicable if you're applying for a green card based on marriage or family ties to a U.S. citizen or green card holder. Here's how you can do it:

Remember, this work permit is temporary and only valid until your green card application is approved or denied. If your green card application is approved, you'll no longer need the EAD because you'll be a permanent resident, which automatically grants you the right to work in the U.S. If your application is denied, your work permit will no longer be valid, and you'll need to stop working immediately.

It's important to note that applying for a work permit does not guarantee approval. Therefore, it's always a good idea to consult with an immigration attorney to understand your options and ensure you're following the correct process.

Family Members of U.S. Citizens and Permanent Residents

If you're a family member of a U.S. citizen or a permanent resident, you may be eligible to request work authorization, even if you haven't yet applied for your own green card. This includes spouses, children under 21, and parents of U.S. citizens, as well as spouses and unmarried children of permanent residents.

Here's how you can apply for work authorization:

Keep in mind that this work permit is temporary and needs to be renewed every year until you receive your green card. 

It's also important to note that not all [family members of U.S. citizens](/immigration-resources/marrying-non-us-citizen-green-card-guide) and permanent residents are eligible for work authorization. For example, siblings and married children of U.S. citizens, as well as parents and siblings of permanent residents, are not eligible. Therefore, it's crucial to consult with an immigration attorney to understand your specific situation and eligibility.

Your nationality can also play a significant role in your eligibility for work authorization in the U.S. The U.S. government has programs like [Temporary Protected Status (TPS)](/immigration-resources/temporary-protected-status-explained) and [Deferred Enforced Departure (DED)](https://www.uscis.gov/humanitarian/deferred-enforced-departure^) that allow citizens of certain countries to work in the U.S.

TPS is a temporary immigration status granted to eligible nationals of designated countries. If you're a national of a country designated for TPS, you may be eligible to apply for work authorization. Here's how:

DED is a discretionary decision made by the President to protect individuals from certain countries from removal. If you're a national of a country designated for DED, you may be eligible to apply for work authorization. The process is similar to TPS:

Please note that the list of countries designated for TPS and DED can change, so it's important to check the current list on the USCIS website or consult with an immigration attorney to understand your eligibility.

As a foreign student in the U.S., you might be wondering if you can work while studying. The answer is yes, under certain circumstances. Here are some situations where [foreign students](/immigration-resources/f-1-visa-guide) can apply for work authorization:

OPT allows you to work in your field of study for up to 12 months (or up to 36 months for STEM students). Here's how you can apply:

Internships with an International Organization

If you have an internship with a recognized international organization, you can apply for work authorization. The process is similar to OPT:

If you're facing severe economic hardship due to unforeseen circumstances beyond your control, you can apply for off-campus employment authorization. Here's how:

Spouse or Child of a J-1 Exchange Visitor

If you're the spouse or child of a J-1 exchange visitor, you can apply for work authorization. Here's how:

Remember, working without authorization as a foreign student can jeopardize your student status, so it's crucial to understand your options and follow the correct process. Always consult with your DSO or an immigration attorney if you have any questions or concerns.

Individuals Admitted on Humanitarian Grounds

If you've been admitted to the U.S. on humanitarian grounds, such as [refugees](https://www.uscis.gov/i-9-central/form-i-9-resources/handbook-for-employers-m-274/70-evidence-of-employment-authorization-for-certain-categories/73-refugees-and-[asylees](https://www.uscis.gov/i-9-central/form-i-9-resources/handbook-for-employers-m-274/70-evidence-of-employment-authorization-for-certain-categories/73-refugees-and-asylees^)^) and asylees, you usually have the right to work immediately upon arrival. Here's what you need to know:

As a refugee, you're authorized to work because of your status. When you're admitted to the U.S., you'll receive a Form I-94, Arrival/Departure Record, with a refugee admission stamp. You can use this document, along with an identity document, to prove your work authorization to employers. However, it's recommended that you apply for an Employment Authorization Document (EAD) for convenience. Here's how:

As an asylee, you're also authorized to work because of your status. You can use your Form I-94 with an asylum approval stamp to prove your work authorization to employers. However, like refugees, it's recommended that you apply for an EAD for convenience. The process is the same as for refugees.

It's important to note that you don't need to pay the filing fee for Form I-765 if you're applying as a refugee or asylee. Also, your EAD will be valid for two years and can be renewed.

Remember, even though you're authorized to work because of your status, having an EAD can make it easier to prove your work authorization to employers. Therefore, it's recommended to apply for one as soon as you're eligible.

Employment-based non-immigrants are individuals who are in the U.S. temporarily for work purposes. Depending on your specific situation, you may be able to apply for work authorization on your own. Here are some examples:

Domestic Workers of a Foreign Citizen or a U.S. Citizen Stationed Temporarily in the U.S.

If you're a domestic worker of a foreign citizen or a U.S. citizen stationed temporarily in the U.S., you can apply for work authorization. Here's how:

Airline Employees from a Different Country than the Airline They Work For

If you're an airline employee from a different country than the airline you work for, you can apply for work authorization. The process is the same as for domestic workers.

Spouses of Non-U.S. Citizens in the U.S. in Certain Capacities

If you're the spouse of a non-U.S. citizen in the U.S. in certain capacities, such as an L-1 intracompany transferee or an E-1 treaty trader, you can apply for work authorization. Here's how:

Remember, these are just examples. There are other situations where [employment-based non-immigrants](https://www.uscis.gov/working-in-the-united-states/temporary-nonimmigrant-workers^) can apply for work authorization. Always consult with an immigration attorney to understand your specific situation and eligibility.

Remember, these are just examples. There are other situations where employment-based non-immigrants can apply for work authorization. Always consult with an immigration attorney to understand your specific situation and eligibility.

There are also other categories of individuals who can apply for work authorization in the U.S. Let's take a look at some of these:

If you're a recipient of Deferred Action for Childhood Arrivals (DACA), you're eligible to apply for work authorization. Here's how:

If you're a victim of certain crimes and have filed or are eligible to file a U visa, you can apply for work authorization. Here's how:

If you've been granted "Withholding of Removal" by an immigration judge or the Board of Immigration Appeals, you can apply for work authorization. Here's how:

If you've been paroled into the U.S. for public interest reasons, you can apply for work authorization. Here's how:

If you're a dependent of a diplomatic employee stationed in the U.S., you can apply for work authorization. Here's how:

Remember, these are just examples. There are other categories of individuals who can apply for work authorization in the U.S. Always consult with an immigration attorney to understand your specific situation and eligibility.

We've covered a lot of ground in this article, discussing the various categories of individuals who can apply for work authorization in the U.S. Whether you're a green card applicant, a family member of a U.S. citizen or permanent resident, a citizen of a certain country, a foreign student, an individual admitted on humanitarian grounds, an employment-based non-immigrant, or fall under other categories, there are ways for you to legally work in the U.S.

Remember, the process and requirements for obtaining work authorization can vary greatly depending on your specific circumstances or status. Therefore, it's crucial to understand your options and follow the correct process. Working without authorization can lead to severe consequences, so it's always worth taking the time to ensure you're on the right track.

Finally, while this article provides a comprehensive overview, it's always a good idea to consult with an immigration attorney to understand your specific situation and eligibility. They can provide you with personalized advice and guide you through the process, helping you navigate the complexities of U.S. immigration law.

Thank you for reading, and we wish you the best of luck on your journey towards working in the United States!

Need help with Form I-9? This guide is for both U.S. employers and employees. Learn how to verify identity and employment authorization, understand when it's required, and know the acceptable documents for verification. We also provide solutions to common mistakes and explain the consequences of non-compliance. This guide is not about determining immigration status, but ensuring proper work authorization.

Form I-9: A Guide to Work Authorization in the U.S.

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