Many people come to America in the hopes of finding work. If you are not a citizen of the United States or a lawful resident, there is only one way to get a work permit. This is when an applicant applies for an immigration benefit, or has a status that grants one. You cannot apply for work authorization without being sponsored by someone, such as a student or tied to a humanitarian application, such as Temporary Protected Status. It is important to be familiar with the most common routes to obtain a work permit.
- Asylum. Asylum is the most popular benefit that immigrants are eligible for. However, the issuance of work permits is an automatic process, making it the most prevalent form of fraud. Be aware that many people who are not eligible for asylum are told they can get a work permit due to their length of stay in the United States, or the fact that they have children born here. They are not informed that a fraudulent asylum request is being filed on behalf of them to obtain a work permit. If the case is referred by court and the government finds that the application was frivolous, it can lead to a deportation or expulsion order. Anyone can not be granted relief.
- Permanent Residence. Permanent residency is when an individual applies through family, employment or any other means and submits the required applications. They will be granted a work permit as well as a social security number.
- Children and spouses of J visa holders. The law allows spouses and children of J-1 students to work in the United States. It is quite simple. To obtain a J-2 visa, the holder must submit an I-765 request.
- F-1, J-1 and M-1 international students may be eligible for a work permit if they are part of OPT (Optional Practical Training) or have financial hardship.
- Spouses of certain employment-based visa holders, such as L, E, or certain H1B visa holders, are eligible for work authorization.
- DACA recipients and deferred action recipients. Deferred action provides protection against deportation and work authorization. This is available to DACA recipients as well as other individuals who may be eligible, such a petitioner under the Violence Against Women’s Act.
- K-1 visa holders (aka fiancee Visas), their children, K-2 visa holder and K-3 spouses are all eligible to work in America once they have received their employment authorization document.
- After their work authorization applications have been approved, refugees and other humanitarian applicants like U and T visa holders are allowed to work in the United States. You may have to wait until your U.S. government approves your humanitarian application.
- Temporary Protected status. Temporary Protected Status. Individuals who are citizens of countries the U.S. government considers unsafe can apply for temporary protected status. This is available in increments of 18 months. Work authorization is dependent on whether or not the TPS designation has been extended and whether or not the underlying protection application is approved.
- Individuals who have pending immigration court applications, such as Cancellation and Removal, could be eligible for work authorization. To ensure that your ability to renew your authorization, you must have proof that your application for relief was received by the court. The court will not be able to grant or renew work authorization if a case has been dismissed or terminated. We are happy to help you determine if you are eligible for a work permit.
Summarized from an article by U.S. Immigration Law Group, LLP.
