Working legally in the United States depends not only on having a valid visa or a confirmed job. There's a concept that many Brazilians only discover when they're already in trouble: work authorization—the legal authorization to work on American soil. Understanding what it is, the different types that exist, and which one applies to your case can make all the difference between building a smooth career in the US or facing serious immigration consequences.
The confusion in this area is understandable. The American work authorization system is fragmented, full of acronyms and categories that get mixed up with visas, immigration status, and physical documents. This article will demystify this universe in the most straightforward way possible.
What is Work Authorization?
Work authorization is simply the legal permission to engage in paid work in the United States. Every American employer is legally required to verify that their employees have this authorization—regardless of whether they are citizens, permanent residents, or foreigners. This is the purpose of the I-9 form, which every worker in the U.S. must complete upon hiring.
Work authorization can come in two distinct forms: it can be included in a person's immigration status (as is the case with U.S. citizens and Green Card holders), or it can be a separate document issued by USCIS, called an EAD — Employment Authorization Document.
Understanding this difference is the first step in knowing exactly where you fit in.
The Three Major Groups of Work Authorization
For practical purposes, work authorization can be divided into three main groups, according to how it is granted.
Status-Based Authorization — No Separate Document Required
Some people are automatically authorized to work in the U.S. as a direct result of their immigration status. In these cases, no additional documents are required—the proof of immigration status itself serves as proof of eligibility for the employer.
Green Card holders do not need to apply for an EAD — the Permanent Resident Card itself serves as proof of work authorization. The same applies to American citizens and US nationals.
In addition to these, there are work visas that authorize foreigners to work for a specific employer without needing an EAD (Environmental Authorization Document). Holders of H-1B, L-1B, O, and P visas, for example, have work authorization directly linked to their status—but only for the sponsoring employer indicated on the visa. Changing employers without following the correct process can invalidate this authorization.
Authorization via EAD — The Working Document
The EAD, or Employment Authorization Document, is the physical card issued by USCIS that proves a person is authorized to work in the U.S. for a specified period. Having an EAD is one way to prove to your employer that you are authorized to work in the U.S. for a specific period.
In most cases, the EAD allows the holder to work for any employer, without restriction of profession or sector. This is different, for example, from an H-1B visa, which ties the worker to a single sponsor.
To apply for an EAD, you must complete Form I-765 with USCIS and pay the corresponding fee. After the I-765 is approved, the EAD card is produced within two weeks and mailed to the address provided in the application.
Lack of Authorization — The Risk Scenario
The third group—and the most dangerous—is that of people who work without any legal authorization. Holders of tourist visas, for example, are generally not authorized to work in the U.S. Engaging in paid work under these conditions is a serious violation of immigration status and can result in deportation, re-entry bans, and jeopardizing future visa or residency applications. It is worthwhile to better understand the risks of Work in the United States on a tourist visa. before making any decision.
Who Can Apply for an EAD?
Not all foreign nationals in the U.S. are eligible to apply for an EAD. Eligibility depends on immigration status and the circumstances of each case. Those eligible include individuals with pending asylum applications, applicants for adjustment of status (Green Card), refugees, asylum seekers, and holders of Temporary Protected Status (TPS).
Each situation corresponds to a category code on Form I-765 — and choosing the wrong code can delay or prevent approval. Some of the most common codes are: C09, used by those who have applied for permanent residence via family petition or employment; C08, for asylum seekers with pending cases; A05, for asylum seekers already approved; and A03, for refugees admitted to the U.S.
What is the EAD Category Code and Why Does it Matter?
Anyone who already has or has applied for an EAD (Employee Authorization Document) will notice that the card has a code of letters and numbers — something like C09, C26, or A05. This is the category code, and it identifies the legal basis under which that person is authorized to work.
Choosing the wrong code can cause serious problems: delayed, rejected, or denied requests simply due to the use of the incorrect category. Therefore, before completing the I-765 form, it is essential to accurately identify your current status.
Another important point: the EAD codes are completely different from the Green Card category codes. For example, the C26 code on the EAD indicates that the card was issued to the spouse of an H-1B (H-4) visa holder, but the C26 code on the Green Card represents a completely different situation—spouse of a permanent resident subject to country-specific limits. Confusing the two can lead to serious errors.
Validity of Distance Education and the Issue of Renewal
The EAD (Extraordinary Declaration of Immigration) is not permanent. Depending on the immigration category, the EAD is valid for 1 or 2 years. When the deadline is approaching, it is necessary to apply for renewal before it expires.
USCIS recommends that renewals be requested at least 180 days in advance of the current EAD expiration date to avoid gaps in work authorization.
One important and recent point to note: on October 30, 2025, the U.S. government ended the automatic extension of the EAD (Extended Employment Authorization), which allowed holders of expired EADs to continue working while awaiting renewal. This makes advance planning even more critical—those who wait until the last minute to renew risk losing their authorization temporarily.
How to Find Out What Your Work Authorization Is
The most direct way to identify your situation is based on your current immigration status:
If you have Green CardYour authorization is on the card itself and does not expire as long as it remains valid. To better understand your rights and the process... American Green CardIt's worth delving deeper into the subject.
If you have one sponsored work visa (H-1B, L-1, O-1, among others), your authorization is tied to that specific employer and the period indicated on the I-94. Changing jobs requires specific processes.
If you have one EADThe category code on the card indicates the basis for your authorization. Please verify that the code is correct and pay attention to the expiration date.
If you are in the process of asylum application, adjustment of status or TPSYou may be entitled to request an EAD even while the main process is pending — but you need to file form I-765.
If you are with tourist visa, student without approved OPT, or any non-employment status[Name], is not authorized to work. Working under these conditions constitutes a serious violation of status.
Undocumented Worker: What's at Stake?
Let's be clear: working without work authorization in the U.S. is not just a risk for the employer—it's a direct and serious risk for the immigrant. Such a violation can compromise future visa applications, adjustment of status, naturalization, and even result in deportation. The American immigration system is rigorous on this point, and employers have a legal obligation to verify the documentation of all employees.
Anyone who is unsure about their situation should seek advice from a trusted immigration lawyer before accepting any job offer—not after.
Work Authorization Is Not a Bureaucratic Detail
For Brazilians coming to the U.S. seeking opportunities, understanding work authorization is as important as having a good resume or speaking fluent English. Working without authorization can destroy a life plan built over years in just a few days.
The good news is that the system, despite its complexity, is navigable once well understood. Knowing your status, identifying the correct category, renewing your EAD (Extraordinary Distance Authorization) in advance, and never working beyond the permitted hours are the cornerstones of a secure professional career in the United States.
