Tips on the Authorization to Work Question

Hiring managers and employers ask, “are you legally authorized to work in the United States?” to make sure all employees can work in the United States and will continue to be authorized in the future. Employers and companies cannot legally hire anyone who isn’t eligible to work in the United States. Under federal law, hiring anyone who is not eligible for legal employment is a crime punishable by fines and possible imprisonment.

When an employer interviews you, you will have questions you need to answer such as “are you currently eligible to work in the United States of America,” and “do you now or at a future date require visa sponsorship to work in the United States?” Answer these questions with honesty and to the best of your ability. You will need documents to prove eligibility.

The first question a hiring manager or employer will ask you is usually “are you legally authorized to work in the United States?” Answer yes or no depending upon your work eligibility status, and do not be vague. Answer honestly about your eligibility to work in the United States. After asking about employment eligibility and hearing “yes,” hiring managers or employers can ask further questions about your work status. If you are uncertain about the information you may have or need, tell your hiring manager.

Say “yes” to this question if you are eligible for work in the United States and do not need sponsorship. Answering “yes” to this first question should be the hiring manager’s cue to stop asking about your eligibility to work in the United States. You are eligible, pending review of verifying documents, for employment in the USA.

Don’t answer if a hiring manager asks you about immigration, race, or national origin, as these do not affect eligibility. Asking about immigration status, race, ethnicity, or national origin could violate federal and state anti-discrimination laws. Don’t answer any more questions about work eligibility if you are eligible to work in the United States.

Tell the hiring manager if you need sponsorship, and be ready to answer further questions the hiring manager may have about what you need. Some hiring managers may ask what your current immigration status is and when your status expires, what the basis of your work authorization is and when does the work status expire, and if you have ever been on a J-1 visa. After answering these questions honestly, explain to the hiring manager why you need sponsorship, and give details about your sponsorship status. Be prepared to show the legal documents proving your authorization.

Answer this question honestly. As with the question about employment eligibility in the United States, not being eligible for sponsorship should end the interview. Research what you need about sponsorship and get the necessary documents before continuing your job search.  

Answer this question honestly. The interview should then end if you answer “no.” When you answer “no” to this question, you are not eligible for employment in the United States. Clarify what the hiring manager means with the question before answering, in case you may have misunderstood. Answer any follow-up questions from the hiring manager to clarify if you understood the law and the question. Research the question about eligibility before your interview. Prepare your answers ahead of the interview so you don’t make mistakes about the laws about eligibility and sponsorship for working in the United States. Like those eligible for work authorization in the United States or visa sponsorship, you also need to know what documents and forms to have for work authorization.

Research why you should have proper authorization. Understand federal, state, and local laws state that hiring people without proper work authorization is illegal. Not knowing this not only jeopardizes your employment and career, but the company interviewing you. A company hiring workers without work authorization can face civil penalties of fines or criminal penalties of jail time, as well as civil fines depending on federal, state, and local law violations about work authorization eligibility and visa sponsorship.

Example answer: I’m definitely aware of the importance of authorization. I understand that hiring someone without proper work authorization is illegal and could jeopardize not just that worker’s career, but the company as well with civil or even criminal penalties.

State your authorization to the hiring manager. Hiring managers and companies need to know your status, so they don’t get in trouble with the law. If they hire you without authorization, you could lose your job and get into legal trouble. Don’t answer dishonestly. Dishonest answers can void your authorization. Hiring managers can’t hire, recruit, or refer illegal immigrants. They can’t use contractors who hire illegal immigrants, either. Companies must verify work authorization and may not hire workers illegally. Repeat violators of work authorization eligibility laws can incur stiff penalties.

Be prepared, coming into an interview, with documentation for eligibility or sponsorship. You must have the correct documentation to prove your authorization. The federal government requires potential employees to fill out IRS Form I-9 by three days after the employer hires the candidate. Form I-9, along with documents verifying the employee’s eligibility, is necessary for you to remain employed.

Understand what the IRS Form I-9 is before you sign the document. The IRS Form 1-9 is required for all new employees who want to prove they are authorized to work in the United States.

Research what documents you need with the IRS Form 1-9. This form requires submission of documents to verify employee identity and eligibility to work in the U.S. While employers complete much of the form, employees must provide information such as name, Social Security number, and address. The most important part of the Form I-9 is documented proof of work eligibility. Different identity documents are more important than others.

Give the hiring personnel the documents they need to prove work eligibility. There are several proofs of employment identity and eligibility. There are three I-9 document categories to complete the form. These are:

• Document List A

Document A proofs of eligibility are U.S. passports or passport cards. Those who are immigrants can show permanent resident cards or alien registration. Foreign passports with an endorsement to work via Form I-94 or I-551, or employment authorization document cards, are valid.

• Document List B:

Authorization proof from the Document List B must be combined with documents from Document List C. Current U.S. driver’s licenses, Canadian driver’s licenses, or federal, state, or local ID cards are valid. School ID cards with photographs, voter registration cards, and U.S. military cards or draft records are eligible for documentation. For those who are children of military personnel, a military dependent’s ID card is valid. U.S. Coast Guard’s Merchant Mariner Documents (MMDs), or Native American tribal documents with List C identification, are valid.

• Document List C:

Proof of employment from Document List C is proof of eligibility only. These proofs must be combined with documents from List B to be valid. Some proofs of authorization are a U.S. Social Security account number card or an original or certified birth certificate copy. Other proofs of birth are valid, such as consular reports of birth abroad or certifications of report of birth by the U.S. Department of State. Native American tribal documents, U.S. citizen ID cards, or United States resident identification cards qualify for documentation. Finally, employment authorization documents issued by the Department of Homeland Security are valid.

Ask for help if you don’t know what documentation you need. Asking for assistance won’t disqualify you from employment. Employment documents are standard parts of onboarding. Some applicants may need assistance if they are unable to read or write in English. Talk to the company’s human resources department or the hiring manager if you need help.  Get help from a translator or legal preparer if you need assistance. The I-9 form allows you to have a translator or legal preparer fill the form on your behalf.