How to answer the work authorization and sponsorship questions

Most US applications ask two yes-or-no questions about your right to work, and they are easy to answer wrong. This guide gives the honest answer for each common status, using guidance from the US Justice Department and USCIS. It is general information, not legal advice: if your situation is unusual, ask your school’s international office or an immigration attorney. For how Tolta handles these answers, see the safety page.

What are the two work authorization questions?

US applications usually ask: “Are you legally authorized to work in the United States?” and “Will you now or in the future require sponsorship for employment visa status (e.g., H-1B visa status)?” The first is about today. The second asks whether the employer will ever need to file a visa petition for you. They are separate questions with separate answers.

That wording is not an accident. In a September 2022 technical assistance letter, the Justice Department’s Immigrant and Employee Rights Section (IER) listed exactly these two questions as ones it had “previously identified as appropriate” to ask job applicants. The same letter says IER “has repeatedly cautioned employers” against going beyond them.

Some forms phrase them differently (“Do you have the right to work in the US?”, “Will you require visa support?”), but almost all map to these two. Read the sponsorship question to the end: the words “now or in the future” change the answer for many people.

How should you answer for your status?

Answer the authorization question for today and the sponsorship question for the whole time you would work there. Citizens and green card holders answer yes, then no. People on temporary permission that would need an employer petition to continue, such as OPT or H-1B, answer yes to sponsorship.

Your status	Authorized to work in the US?	Require sponsorship now or in the future?
US citizen or national	Yes	No
Green card holder (lawful permanent resident)	Yes	No
Refugee or asylee	Yes	No
F-1 on OPT or STEM OPT, with an EAD	Yes	Usually yes
F-1 student without OPT yet	Usually no for off-campus jobs, until your EAD is approved	Usually yes
H-1B holder changing employers	Yes, for your current employer	Yes

The table covers the common cases. Other statuses, such as dependent visas with their own work permits, depend on whether your permission has an end date and whether staying on would need an employer filing. When in doubt, ask the person who advises you on your status before you apply, not after an offer.

How do F-1 OPT and STEM OPT students answer?

If you hold an approved OPT work permit (EAD), you are authorized to work today, so answer yes. Because OPT is temporary, most OPT holders answer yes to sponsorship: staying on after it ends usually means the employer files an H-1B petition. Answering no because you do not need sponsorship this month is the most common mistake.

USCIS sets the limits. OPT gives “up to 12 months” of employment authorization, and eligible STEM graduates can apply for “a 24-month extension.” You cannot start work until USCIS approves your Form I-765 and you receive the EAD. For the STEM extension, the employer must be enrolled in and use E-Verify, which is worth checking before you apply.

If an employer has filed an H-1B petition for you, USCIS describes a cap-gap extension that can bridge the time between OPT ending and H-1B status starting, typically October 1. That bridge still depends on an employer petition, so the sponsorship answer stays yes.

How do H-1B holders answer?

H-1B holders are authorized to work, but only for the employer that petitioned for them. A new employer has to file its own petition, so the honest answer to the sponsorship question is yes. Many employers who already hire H-1B workers will still consider you; the question tells them a filing is involved.

USCIS explains that an H-1B worker can generally start with a new employer once that employer “properly files” a non-frivolous Form I-129 petition. It also notes the limits on time: an initial stay of up to 3 years, extendable to 6 in total, and up to 60 days to find a new job after a layoff. If you are inside that 60-day window, say so in a cover note rather than in the yes-or-no field.

Can employers ask about your citizenship?

Employers can ask the two questions above. The Justice Department has cautioned them against going further, for example by asking whether your permission is permanent or temporary, because that can confuse or deter people the law protects, such as refugees and asylees. Federal law bars citizenship status discrimination in hiring for employers with four or more employees.

The 2022 IER letter gives the reasoning plainly. A question about permanent work authorization “could confuse or deter candidates with indefinite work authorization, such as asylees and refugees.” It adds that rejected candidates may wrongly believe they lost the job because of their status. Some states also have their own laws on citizenship or immigration status discrimination.

If a form asks for more than the two questions, answer truthfully with the minimum it requires. You do not need to explain your full immigration history in an application field.

What happens if you answer wrong?

A wrong answer usually surfaces after an offer, when the employer completes Form I-9 and sees your documents. USCIS describes the I-9 as the form used “to verify the identity and employment authorization of individuals hired.” If your documents do not match what you told the employer, an offer can be withdrawn and the time on both sides is lost.

The reverse mistake costs you too. Answering yes to sponsorship when you do not need it, for example as a green card holder who misread the question, can screen you out of roles you qualify for. Read both questions in full every time; the wording varies between employers.

Do employers outside the US ask the same questions?

Yes, in a different form. UK employers must check that new hires have the right to work, and the UK government lets non-British and non-Irish workers prove it with a share code or eligible immigration documents. Applications in Canada and EU countries often ask whether you already hold the right to work there or would need a permit.

The details are country-specific. In the UK, for example, the government states that an employer “cannot reject your application because you gave them an eligible immigration document instead of a share code.” Before applying abroad, read the host government’s own guidance rather than a US-centred answer.

How does Tolta handle work authorization questions?

Tolta treats work authorization as a question it must never guess. When an employer’s form asks about authorization or sponsorship and your profile does not hold a confirmed answer, the application is held and you are asked once. Your answer is reused on later forms, and it expires so you re-confirm it when your status may have changed.

That matters most for OPT and H-1B holders, whose correct answer changes over time. The EEO questions guide covers the voluntary demographic section that often sits on the same form, and the desired salary guide covers the other field people most often get wrong.