Can American Samoans Work in the United States? Rights and Requirements
Yes. People who are U.S. nationals from American Samoa can generally live and work in the United States without an employment visa or work permit. The key distinction is that people born in American Samoa are usually U.S. nationals, but not U.S. citizens at birth. That difference affects some rights and procedures, but it does not normally prevent them from taking private-sector jobs in the states. Here is how work authorization, Form I-9, federal jobs, and citizenship fit together.
Can American Samoans Work in the United States?
Yes. U.S. nationals from American Samoa are authorized to work in the United States. They do not need an employer-sponsored visa, a green card, or an Employment Authorization Document (EAD) simply to accept a job in a state. Their right to work comes from their status as U.S. nationals, not from a temporary immigration category.
Federal law distinguishes a U.S. national from a U.S. citizen. A national owes permanent allegiance to the United States; a citizen is also a national, but a national is not necessarily a citizen. The Immigration and Nationality Act identifies people born in American Samoa or Swains Island, subject to its terms, as U.S. nationals who are not citizens at birth. The relevant provision is 8 U.S.C. § 1408.
For employment purposes, this distinction does not ordinarily require an American Samoan national to obtain a work visa. Employers must still verify identity and work authorization through the same Form I-9 process they use for other new hires. The documents presented must meet federal I-9 rules, but there is no separate American Samoa work permit.
Who Is a U.S. National From American Samoa?
A person born in American Samoa is generally a U.S. national at birth, rather than a U.S. citizen at birth, under federal nationality law. American Samoa is an unincorporated U.S. territory, and its residents have a distinct legal status compared with people born in a U.S. state or the District of Columbia.
Birthplace and legal status matter more than ancestry alone. Someone with Samoan heritage who was born in another country does not automatically become a U.S. national because of that heritage. A person born in a state, meanwhile, is generally a U.S. citizen at birth, subject to limited exceptions such as birth to certain foreign diplomatic officials.
People who are unsure of their status should check their passport, birth records, and other citizenship or nationality documents. The U.S. Department of State explains the distinction between citizenship and nationality in its U.S. citizenship information. Individual circumstances can vary, so official guidance or an immigration attorney may be helpful when records are unclear.
What Employers Need for Form I-9
Most U.S. employers must complete Form I-9 for each new employee hired to work in the United States. The employee attests to their status, and the employer examines acceptable documentation to verify identity and employment authorization. The employee chooses which acceptable documents to present; an employer generally cannot demand a particular document or insist on a passport simply because someone is from American Samoa.
A valid, unexpired U.S. passport is a List A document on Form I-9. It establishes both identity and employment authorization. U.S. passports may be issued to noncitizen U.S. nationals and may include an endorsement stating that the bearer is a U.S. national, not a U.S. citizen. That wording does not make the passport invalid for employment verification.
Instead of a List A document, an employee may present one document from List B to establish identity and one from List C to establish employment authorization. A qualifying birth certificate issued by a U.S. territory or other listed government authority may be a List C document, but it does not establish identity by itself. The employee would also need an acceptable List B identity document. The exact document must satisfy current Form I-9 requirements.
Employers should follow the latest instructions from U.S. Citizenship and Immigration Services (USCIS), rather than making assumptions based on a person’s birthplace or name. USCIS maintains the official I-9 Central resource, including the form, instructions, and lists of acceptable documents. If a document raises a question, the employer should apply the same rules consistently and avoid discriminatory requests.
Do American Samoans Need a Work Visa or EAD?
In general, a U.S. national from American Samoa does not need an employment visa, a green card, or an EAD to work in the United States. Those documents are associated with particular immigration categories, such as temporary visa holders or some applicants for permanent residence. U.S. nationals are not seeking permission to work through those categories when they move to a state for an ordinary job.
That does not exempt employees or employers from other requirements. A worker may still need a professional license, industry certification, security clearance, or other qualification required for the job. Employers may also conduct lawful background checks and must follow federal, state, and local labor laws, including rules on wages, workplace safety, and nondiscrimination.
Work authorization should also be distinguished from Social Security administration. A worker may need a Social Security number for payroll and tax reporting. The Social Security Administration provides information on applying for a number and documenting identity and work-related eligibility at its Social Security number and card page. A Social Security card is not, by itself, a substitute for the complete Form I-9 process.
Are There Limits on Which Jobs They Can Hold?
For most private-sector jobs, U.S. national status does not prevent someone from being hired. American Samoan nationals can generally apply for positions in fields such as retail, construction, health care, hospitality, transportation, education, and technology, subject to the same job-specific qualifications and licensing rules that apply to other applicants.
Some positions have citizenship requirements. Federal agencies may restrict particular jobs to U.S. citizens, and certain contracts, security clearances, or sensitive duties may have additional eligibility rules. The requirements depend on the position and governing law; they should not be confused with a general prohibition on U.S. nationals working in the country. Applicants should review the vacancy announcement or ask the agency’s human-resources office how its citizenship language applies to U.S. nationals.
State and local government jobs can also have position-specific criteria. A role may require citizenship under a particular law, or it may require a professional credential or background check that applies to all candidates. The employer should identify the legal basis for any restriction rather than treating all noncitizens as ineligible. A U.S. national’s status is not the same as being a foreign national who needs immigration authorization.
How U.S. Nationality Differs From U.S. Citizenship
The practical difference between nationality and citizenship is important, but it does not erase the right to work. U.S. citizens can vote in federal elections and may qualify for benefits or jobs that specifically require citizenship. Noncitizen U.S. nationals generally cannot vote in federal elections and may not meet a citizenship-only condition for a particular role.
Noncitizen nationals may apply to become U.S. citizens through naturalization if they meet the applicable legal requirements. The rules and eligibility details are separate from employment authorization. USCIS provides information about naturalization and citizenship processes, and applicants should review the requirements that apply to their individual situation before filing.
Travel documents also reflect the distinction. A U.S. national may hold a U.S. passport, but the passport can state that the bearer is a national and not a citizen. That notation describes legal status; it does not mean the person needs a visa or work permit to take an ordinary job in the United States.
Common Questions About American Samoan Work Rights
Can an American Samoan move to a U.S. state for a job?
Generally, yes. A U.S. national from American Samoa can move to a state and seek employment without applying for an immigrant visa or work permit. Practical matters such as housing, transportation, professional licensing, and obtaining or updating records may still need attention.
Can an employer refuse to hire someone because they are not a U.S. citizen?
It depends on the position. Some jobs legally require citizenship, but many do not. A U.S. national authorized to work should not be treated as someone who lacks work authorization merely because they are not a citizen. Employers must also comply with federal rules against unfair employment discrimination, including rules governing document requests and verification.
Does an American Samoan need a green card?
No, not to work in the United States as a U.S. national. A green card is evidence of lawful permanent resident status for a person who is not already a U.S. citizen or national. It is not the document that grants an American Samoan national the general ability to work.
Is a U.S. passport required to get hired?
No. A passport is one acceptable Form I-9 document, but employees may choose other combinations from the current Lists of Acceptable Documents. Employers should not require a passport when the employee presents other valid documents that satisfy I-9 rules.
Practical Steps Before Starting a Job
- Confirm the applicable status. People born in American Samoa are generally U.S. nationals at birth, but individual records and circumstances should be checked when uncertain.
- Prepare acceptable I-9 documents. Review USCIS’s current lists and choose either one acceptable List A document or a valid List B and List C combination.
- Check job-specific rules. Review citizenship language, licensing requirements, and other qualifications in the job posting, especially for government or security-sensitive work.
- Complete ordinary hiring paperwork. Tax forms, payroll setup, and Social Security documentation may be required even though no work visa or EAD is needed.
- Ask for clarification when necessary. If an employer questions a document or status, USCIS I-9 guidance and qualified legal advice can help resolve the issue.
Bottom line: American Samoans who are U.S. nationals can generally work in the United States without a visa, green card, or work permit. The main distinction from U.S. citizens concerns certain rights and citizenship-restricted roles—not ordinary employment authorization.