Hiring foreign nationals can be a way to fill vacancies in highly-competitive sectors. When there are not enough talented and educated domestic workers to fill key positions within a company, international hiring may be a valid option.
Immigrant workers may need to present an employment authorization document (EAD) during onboarding to prove they can work legally in the United States. What do employers need to know about employment authorization?
Most immigrants need an EAD
There are two types of immigrants who no longer need an EAD to accept a job with a company. Lawful permanent residents who have their green cards no longer require an EAD to work legally in the United States. Immigrants who have completed the naturalization process also no longer need an EAD to work.
Any other immigrant, including refugees and asylees, generally needs to have an EAD to legally work in the United States. There are three different types of EADs provided by the United States Citizenship and Immigration Services (USCIS).
There is the initial EAD provided when an immigrant requests work authorization. There is a renewal EAD available after the worker’s initial EAD expires. Workers may also have a replacement EAD if they lost their EAD or if it contained inaccurate information.
Employers may need to physically review an EAD and validate the immigration status of the professional. Once the company chooses to hire a worker with an EAD, they should receive the same basic treatment as other workers in accordance with their rights under federal law.
Reviewing employment authorization paperwork is part of validating that an immigrant can accept a domestic position. Business leaders and hiring managers may need assistance validating an EAD and complying with applicable employment statutes.