Getting a job in the United States as an immigrant is not only about finding a vacancy and getting through the interview. Once an offer has been made, the employer has to be sure that the new employee has the right to work in the country and can prove who they are.
This is the stage where many new arrivals get confused. What do you show the employer: a Green Card, a work permit, a Social Security Number, a passport or a driving licence? Can you start work if your SSN has not arrived yet? And how is an ITIN different from a Social Security Number?
1. The first thing is a lawful right to work in the United States
The first thing to understand is that simply being in the United States does not by itself give a person the right to work. Depending on immigration status, a person may already be automatically authorised to work, or may need a separate work permit.
For example, in different situations the right to work can be shown by:
- Permanent Resident Card — Green Card;
- Employment Authorization Document — EAD;
- certain Forms I-94 together with the matching immigration status;
- a US passport, for US citizens;
- other documents, or combinations of documents, allowed by the Form I-9 rules.
Every immigration status has its own rules, so before accepting an offer of work it is important to know exactly whether your particular status gives you the right to be employed.
2. Form I-9 — the main document when you are hired
For almost every new employee in the United States the employer has to complete Form I-9, Employment Eligibility Verification. The form is used to confirm two things:
- the employee's identity;
- their right to work in the United States.
The employee fills in Section 1 of Form I-9 no later than their first day of work, but not before they have accepted the offer. The employer then examines the employee's documents. As a rule, the documents have to be provided within three business days of the first day of work.
Important: Form I-9 normally stays with the employer. You do not send it to USCIS yourself along with a job application.
3. Which documents you can show for Form I-9
USCIS divides acceptable documents into three main categories: List A, List B and List C.
The employee can choose one of two options: Option 1: provide a document from List A. Option 2: provide one document from List B and one document from List C at the same time.
List A documents prove identity and the right to work at once. List B proves identity only, and List C proves employment authorisation only. The employer has no right to insist on a particular document if the employee is offering an acceptable one from the official list. For example, if a person is entitled to prove their right to work with another acceptable document, the employer must not demand a Green Card or an EAD specifically.
4. Green Card
The Permanent Resident Card, or Form I-551, is usually called a Green Card. For a permanent resident of the United States the Green Card is one of the List A documents: it proves both identity and the person's right to work in the United States. That means that when Form I-9 is completed, the holder of a valid Green Card does not normally also have to produce a driving licence and a Social Security card just to prove the right to work.
In certain situations temporary documents proving permanent resident status can also be used to show the right to work. USCIS, for example, has rules for the temporary I-551/ADIT stamp and for certain combinations of documents while a new Green Card is awaited.
5. Employment Authorization Document — EAD
The Employment Authorization Document, or Form I-766, is often simply called a work permit. The EAD is a card that USCIS issues to certain categories of foreign nationals who are entitled to work. For Form I-9 a valid EAD is a List A document, because it proves identity and work authorisation at the same time.
An EAD may be needed, for example, by some people in particular immigration categories, or by applicants who have become entitled to file Form I-765, Application for Employment Authorization. But not every immigrant needs a separate EAD. Some categories are entitled to work directly on the basis of their immigration status and the documents that go with it.
So the common phrase “everyone needs a work permit to work in the United States” is wrong.
6. Form I-94
Form I-94, the Arrival/Departure Record, holds information about a person's entry into the United States and their class of admission. For some foreign workers it is the I-94, together with other documents, that proves the right to work. In certain cases a valid foreign passport together with an I-94 is an acceptable List A document. But here the particular class of admission matters a great deal.
Having an I-94 does not by itself mean a person can work for any employer. The right to work depends on the status recorded and the rules that apply to it.
7. Social Security Number
The Social Security Number is one of the most important identifying numbers in the United States. Employers use the SSN, among other things, to report the wages they have paid.
But there is an important distinction to understand: An SSN is not by itself a work permit. A person can have a Social Security Number and still be in an immigration position that does not give them the right to work. The IRS says plainly that having a valid SSN does not always mean having work authorisation. Social Security cards also come in different kinds. The SSA, for instance, issues cards marked:
VALID FOR WORK ONLY WITH DHS AUTHORIZATION
This means the number is valid, but the person can only work if they hold the matching authorisation from the Department of Homeland Security.
There are also cards marked: NOT VALID FOR EMPLOYMENT A card like that does not prove any right to work. Can you start work if your SSN has not arrived yet? In some situations, yes.
The Social Security Administration says plainly that a foreign worker does not have to be physically holding an SSN before their first day of work. While a person is waiting for the number, their immigration documents can prove their right to work. The employer will need the SSN later on so that wages are reported correctly.
So it is important to tell two situations apart:
- a person who has the right to work but is still waiting for an SSN to be issued;
- a person who has no work authorisation at all.
-
These are completely different cases.
8. Can an ITIN be used instead of an SSN?
No. The Individual Taxpayer Identification Number — ITIN — exists for federal tax purposes, for people who need a US tax number but are not entitled to an SSN.
An ITIN:
- is not a work permit;
- does not prove immigration status;
- does not replace an SSN when you are hired;
- must not be used by an employer instead of an SSN on Form W-2.
The IRS says plainly that an ITIN cannot be accepted instead of a Social Security Number to identify a worker or to prove the right to work. If a person had an ITIN before and later became entitled to work and eligible for a Social Security Number, they need to obtain an SSN.
9. A driving licence or State ID
A US driving licence or an identity card issued by a state can be used as a List B document for Form I-9, if it meets the requirements. List B proves identity but not the right to work. A driving licence therefore normally has to be combined with a document from List C. One possible combination, for example, looks like this:
Driver's License + unrestricted Social Security card.
A Social Security card carrying a restriction such as VALID FOR WORK ONLY WITH DHS AUTHORIZATION is not an ordinary List C document in that combination.
The point is not to learn particular combinations by heart, but to go each time to the current Lists of Acceptable Documents that comes with Form I-9.
10. A foreign passport
Many immigrants assume that a foreign passport is enough to be hired. A foreign passport on its own usually proves identity, but its role in Form I-9 depends on which other immigration document it is used with. For some categories of foreign worker, for instance, a valid passport together with the matching Form I-94 can make an acceptable List A combination.
So having a passport does not by itself mean having the right to work.
11. Form W-4
Once hired, a new employee is usually asked to fill in Form W-4, the Employee's Withholding Certificate. This form does not prove any right to work. The employer uses it to work out how much federal income tax to withhold from the employee's pay.
The W-4 records information that affects the withholding calculation, including marital status, certain tax adjustments, dependants and any extra withholding. The IRS advises employers to hold a signed W-4 for every new employee.
So the two should not be confused: Form I-9 — checking identity and the right to work. Form W-4 — setting federal tax withholding from your pay.
These are two entirely different forms.
12. Bank details for direct deposit
Many employers in the United States pay wages by direct deposit — the money goes straight into the employee's bank account.
To set the payments up, the company may ask for:
- the name of the bank;
- the routing number;
- the account number;
- whether it is a checking or a savings account;
- sometimes a voided check or confirmation of the account details.
These details prove nothing about a person's right to work. They exist only so that wages can be transferred. Bank details should be given only to a genuine employer, through the official HR or payroll process. If a company you do not know asks for bank details before a normal interview, or asks you to send it money first, that is a serious reason to be on your guard.
13. Do you need a diploma to be hired?
For most ordinary jobs a diploma is not a document that proves the right to work in the United States. But an employer can ask for proof of education if it is an important condition of the job.
Diplomas and professional documents matter particularly, for example, in:
- medicine;
- education;
- engineering;
- law;
- accountancy and some financial professions;
- other licensed professions.
Sometimes it is not enough simply to show a foreign diploma to an employer. A credential evaluation may be needed — an assessment by a specialised American service — and for regulated professions state licences or examinations may be required on top of that.
14. Professional licences
For some professions the right to work in the United States and the right to practise a particular profession are two different questions. A person can hold a Green Card or an EAD and have a completely lawful right to work, and still not be allowed to work as a doctor, a nurse, an electrician or in another regulated profession without the licence it requires.
The requirements often depend on the state. People in regulated professions should therefore check in advance:
- whether a licence is needed;
- which body issues it;
- whether foreign education is recognised;
- whether the diploma needs an evaluation;
- whether examinations have to be taken;
- whether further training is required.
15. Documents for F-1 students
Students on F-1 status have their own employment rules. Being a student does not in itself mean you can work freely wherever you like. Employment may be limited by the rules on on-campus employment, Curricular Practical Training — CPT, Optional Practical Training — OPT, or other permitted options.
When an F-1 student applies for an SSN, depending on the kind of work they may need an I-20, a letter from the school, confirmation from the employer or an EAD. The SSA sets out the requirements for F-1 students separately, including CPT cases and work on campus.
So it is especially important for students to clear any job with their Designated School Official — DSO — first.
16. Do you have to give the employer your original documents?
The employer has to examine the documents used for Form I-9. In the normal process the employee provides acceptable documents to be examined, after which the originals are returned to their owner.
USCIS says that the employer must examine the documents and decide whether they appear genuine and whether they relate to the particular person. The employer may take copies in line with its own policy, but the documents belong to the employee and must be given back.
Do not leave the original of a passport, a Green Card or an EAD with an employer “for safekeeping”.
17. The employer must not choose the documents for the employee
This is one of the most important points for immigrants. An employer can ask an employee to prove identity and the right to work through Form I-9, but must not dictate which document from the acceptable list is used. For example, if a person provides an acceptable List A document, the employer must not additionally demand a Green Card, a Social Security card or any other document simply because the employee is an immigrant.
It is the employee who chooses which acceptable documents from the official list to use.
18. Keep an eye on when your work authorisation expires
For some immigrants the right to work runs for a limited time. If an Employment Authorization Document, or another document proving work authorisation, has an expiry date, it is important to sort out the renewal in good time. In certain cases USCIS provides for the automatic extension of particular documents, or for special rules on proving status, but these depend on the category and on the rules in force.
So you cannot simply assume that filing a renewal application automatically lets you carry on working. You have to check the rules for your own category and your own document.
What it is worth preparing before your first day
To make the paperwork go faster, gather the documents you need in advance and check that they are still valid. A useful list looks roughly like this:
- Documents for Form I-9.
- Your Social Security Number, if you already have one.
- The information needed to fill in Form W-4.
- Bank details for direct deposit.
- Diplomas or certificates, if the employer asks for them.
- A professional licence, if your profession needs one.
- Contact details and your home address.
You certainly do not have to bring the employer all of these documents at once. For Form I-9 you need exactly one acceptable combination from the official list; the rest depends on the particular employer and the particular position.
The documents people mix up most often
A simple distinction is worth remembering for a new immigrant: Green Card — proves permanent resident status and the right to work. EAD — a work permit for certain categories of foreign nationals. I-94 — information about entry and immigration class; in certain categories it takes part in proving the right to work. SSN — the Social Security number, used among other things for wage and tax reporting, but it does not by itself create a right to work. ITIN — a tax identification number, which gives no right to work. Form I-9 — the employer's form for checking identity and the right to work. Form W-4 — the form for calculating federal tax withholding.
Once you understand the difference, being taken on becomes a much simpler process.
The main thing an immigrant needs to know
For lawful employment in the United States what matters most is not holding a particular card, but having a valid right to work and being able to prove it with the documents Form I-9 provides for.
Do not hand the employer more documents than are needed, and do not let people you do not know take away the original of your passport, Green Card or EAD. Check the expiry dates on your immigration documents and deal with renewal in good time if renewal is needed.
If you are not sure whether your particular immigration status gives you the right to work, it is better to check directly on the USCIS website, or to get advice from a qualified immigration specialist, before you start work.
End of the article.
All guides →
