When answering questions about your work authorization status on job applications or in interviews, it’s important to be direct and honest. However, you also want to keep your answer focused on your qualifications and ability to work legally. Here are some quick tips for answering properly:
- State whether you are a U.S. citizen, permanent resident, or have a valid work visa. This gives the basic facts upfront.
- If you have a work visa, specify which type – H1B, TN, etc. – and when it expires. This shows you can legally work for the duration of the visa.
- Assure the employer that you can provide documentation to complete the I-9 form as required by law.
- Shift the conversation to your skills, experience and ability to do the job well.
The key is being direct and truthful while keeping the focus on your ability to work legally and perform the job duties. With practice, you can answer smoothly and confidently.
Why Do Employers Ask About Work Authorization?
Employers ask about work authorization for two main reasons:
- To comply with immigration and employment laws – Employers are required by law to verify all employees are legally authorized to work in the United States. This is done by completing an I-9 form and reviewing documents that establish identity and work authorization within 3 days of hiring. Employers who do not comply can face civil fines and criminal prosecution.
- To evaluate eligibility and fit for the role – Beyond simple legal compliance, employers want to understand a candidate’s long-term eligibility and stability for the position. Someone with permanent work authorization may be preferred over a candidate who needs to renew a work visa every 1-3 years. The timeframe of work eligibility may impact hiring decisions.
So answering accurately helps employers assess your legal ability to work and also determine overall fit. It’s in your interest to address the work authorization question fully and positively.
What Options Exist for Legal Work Authorization?
There are several ways individuals can obtain legal work authorization in the United States:
U.S. Citizenship
U.S. citizens have full authorization to work anywhere in the country for any employer. Citizenship is typically established through:
- Birth in the United States or its territories
- Birth abroad to a U.S. citizen parent
- Naturalization after meeting residency and other requirements
U.S. passports and birth certificates are common proofs of citizenship for I-9 purposes.
Lawful Permanent Resident Status
Individuals granted green cards establishing lawful permanent resident status have authorization to work indefinitely. Green cards are often obtained through:
- Family connections to U.S. citizens or permanent residents
- Employment sponsorship by a U.S. employer
- Diversity visa program participation
The actual green card document is used to demonstrate work authorization for I-9 purposes.
Work Visas
Individuals can obtain temporary work authorization through a variety of nonimmigrant visas:
- H-1B – For specialty occupations and fashion models
- L-1 – For intracompany transfers of executives, managers or specialized employees
- TN – For Canadian and Mexican professionals under NAFTA
- O-1 – For individuals with extraordinary ability in the sciences, arts, education, business, athletics
- E-3 – For Australian nationals in specialty occupations
- H-2A – For temporary agricultural workers
- H-2B – For temporary non-agricultural workers
The specific work visa document – approval notice or visa stamp – would be shown for I-9 purposes.
Employment Authorization Document (EAD Card)
Individuals who have applied for certain immigration benefits may receive an employment authorization document (EAD) allowing them to work legally until a decision is made. These include applicants for:
- Asylum
- Adjustment of status to permanent resident
- Nonimmigrant statuses like H-4, L-2, E, etc.
The EAD card itself serves as proof of work authorization for I-9 verification.
So in summary, the main options are U.S. citizenship, lawful permanent residency, work visas, and EAD cards. Understanding these categories is helpful when discussing work authorization.
What Documents Can Show Work Authorization?
When completing the I-9 employment verification form, employees must show document(s) from List A OR a combination of one from List B and List C:
List A Documents
- U.S. Passport or passport card
- Permanent resident card or alien registration receipt card (Form I-551)
- Foreign passport with temporary I-551 stamp or temporary I-551 printed notation on a machine-readable immigrant visa
- Employment authorization document (EAD) containing a photograph (Form I-766)
- For nonimmigrants eligible to work for a specific employer: foreign passport with Form I-94/I-94A bearing same name as passport and endorsement of alien’s nonimmigrant status
List B Documents
- Driver’s license or ID card issued by a state/outlying possession of the United States
- ID card issued by federal, state or local government agencies
- School ID card with photograph
- Voter’s registration card
- U.S. Military card or draft record
- Military dependent’s ID card
- U.S. Coast Guard Merchant Mariner Card
- Native American tribal document
- Driver’s license issued by a Canadian government authority
List C Documents
- U.S. Social Security Account Number card unless it specifies not valid for employment
- Certification of Birth Abroad issued by the U.S. Department of State (Form FS-545)
- Certification of Report of Birth issued by U.S. Department of State (Form DS-1350)
- Original or certified copy of a birth certificate issued by a state, county, municipal authority or outlying possession of the United States
- Native American tribal document
- U.S. Citizen ID Card (Form I-197)
- Identification Card for Use of Resident Citizen in the United States (Form I-179)
- Employment authorization document issued by DHS (other than EAD cards)
Providing documents from these lists prove both identity and legal work authorization as required on the I-9.
How Should Work Authorization Be Explained in an Interview?
When answering questions about work authorization in a job interview, focus on highlighting your status and eligibility while pivoting the conversation to your qualifications and fit. Some tips:
- State your citizenship or work authorized status briefly and directly
- Have the name/dates of visa or status if applicable
- Note ability and willingness to provide I-9 documentation
- Emphasize your experience, skills and ability to add value
- Pivot to why you are an excellent fit for the role and company
- If status expires soon, mention openness to future sponsorship
- Frame gaps due to lapses in status positively as opportunities to expand skills
The more prepared and confident you seem in addressing work authorization, the better. Handle it matter-of-factly while conveying enthusiasm for the role.
Here are some example responses for different situations:
U.S. Citizen
“I’m authorized to work in the U.S. without restrictions as a citizen. I can provide my passport on the first day to complete the I-9 without any issues. Now, as we were discussing…”
L-1 Visa Holder
“I have work authorization through an L-1 visa that remains valid until December 2025, so I’m fully able to work for you legally for the duration of that visa. I’m happy to provide my visa documents for the I-9 when I start. I think my 5 years of social media marketing experience at the overseas office makes me a great fit for your open position…”
H-4 Visa Holder with EAD Card
“While my H-4 visa is tied to my husband’s H-1B visa, I have also obtained my own EAD card allowing me to work legally anywhere until next May before renewal. I can provide that card for the I-9 without any issues. One thing I’m particularly excited about in this role is the opportunity to manage both digital and print ad campaigns…”
The key is to have knowledge of your status, convey it concisely, offer reassurance, and use the question as a bridge to your qualifications and potential value add. With practice, you can answer smoothly and confidently.
How Can Applicants Prepare for Work Authorization Questions?
To prepare strong and positive responses to work authorization questions, applicants can take the following steps:
- Understand your current status and eligibility – Review the category, timeframe and documents that establish your authorization to work so you can explain it clearly. Have renewal and expiration timeframes handy.
- Collect I-9 documents – Ensure you have documentation from List A or Lists B and C so you can state willingness to provide for I-9 verification.
- Practice succinctly explaining your status – Craft a brief explanatory statement you can use confidently that focuses just on the facts.
- Have a mini pitch ready that pivots – Prepare a brief transition statement that artfully moves the conversation from status details to your qualifications and potential contributions.
- Address gaps positively – If your status has lapsed at any point, have a positive explanation framing it as time used valuably to build other skills.
- Review typical interview questions – Search common work authorization interview questions online so you aren’t caught off guard.
- Enlist a mock interviewer – Have a friend conduct practice interviews with typical work authorization questions so you get comfortable responding.
With some advance preparation and practice, you can develop concise yet positive responses to work authorization questions that check the legal box but keep the focus on your ability to excel in the position.
What Can Employers Ask About Work Authorization?
Employers have some latitude in asking about work authorization, but there are also limitations they should follow to avoid discriminatory, unfair or intrusive questioning:
Appropriate Topics
- Directly asking if legally authorized to work in the United States
- Which document(s) from I-9 lists can be provided
- Timeframes of work visa validity
- Inquiring about future need for sponsorship
- Asking for clarification if work history doesn’t seem to match visa dates
Inappropriate Topics
- Requesting specific documents prior to hire
- Asking about citizenship or immigration status beyond work authorization
- Requiring permanent resident status or long visa validity
- Speculating about ethnicity, nationality or ancestry
- Digging too deeply into expiration dates or gaps
Employers should focus narrowly on work authorization issues directly relevant to job eligibility. Overly intrusive or speculative questions can violate EEOC and anti-discrimination guidelines.
What Issues Can Arise for Candidates Without Work Authorization?
Candidates lacking current work authorization in the U.S. face significant challenges in the job market. Some potential issues include:
- Being screened out automatically by employers requiring current work authorization
- Facing repeated visa application rejections or delays
- Having to wait months or years for pending green cards/visas
- Being unable to accept job offers in the meantime
- Having employers hesitant about future sponsorship
- Needing to disclose lapses in status or employment gaps
- Being disadvantaged compared to authorized candidates
- Taking unpaid roles like volunteering to maintain skills
- Having to focus on temporary jobs enabling work authorization
Lacking that baseline eligibility to work legally obstructs access to desirable career-building jobs. Candidates have to seek creative ways to overcome barriers and advance professionally while awaiting authorization.
What are Some Strategies for Candidates Without Current Work Authorization?
If you are currently without work authorization, you can employ strategies to continue developing professionally:
- Network – Build connections with those open to freelance, volunteer or future full-time roles.
- Consider remote work – Look for remote roles that just require current authorization in country of residence.
- Learn sought-after skills – Use online courses/certifications to gain expertise that attracts future employers.
- Get local experience – Take applicable roles in home country to stay sharp for U.S. positions.
- Maintain U.S. ties – Keep active in U.S.-based associations/conferences in your field.
- Pursue unpaid opportunities – Volunteer, intern or freelance to gain relevant U.S. experience.
- Pre-apply for jobs – Identify and apply for roles you’d qualify pending authorization.
- Be positive – Frame gaps/delays as time spent gaining broader perspectives.
While challenging, with perseverance and creativity there are still ways to further your career goals until work authorization is obtained. Developing your professional abilities matters most.
Conclusion
Discussing work authorization status is often an inevitable part of the job search process for applicants in the United States. While requirements must be met to work legally, candidates should aim to provide direct, honest answers that keep the focus on qualifications. With preparation and practice, applicants can smoothly address these questions while showcasing their fit. Similarly, employers must handle this topic carefully to avoid any inappropriate or discriminatory lines of questioning. Open communication and fairness are key for both parties.