Our clients and potential clients often ask how to obtain employment authorization to work legally in the United States.
It is important to note that, in order to obtain a work permit, it is first necessary to have an application or petition for an immigration benefit that is approved or at least pending. So, before determining if you qualify for a work permit itself, it is necessary to determine if you qualify for an immigration benefit.
Below, we explain which are the most common applications through which you can obtain an employment authorization document.
1. Residency
You may qualify for a work permit if you apply for residency within the United States. Generally, this benefit is available to those who are spouses, minor children, or parents of U.S. citizens or, in some cases, lawful permanent residents. To apply for residency based on a family petition within the United States, you must have entered the United States legally or been paroled.
If you entered the United States illegally and were not paroled, you need to process your residency based on your family petition through a U.S. consulate in your country of origin. In this scenario, you will not be able to work legally during the pendency of the application process, and the entire process might take several years.
In addition to family petitions, it is possible to apply for residency -and have employment authorization during the pendency of the application- after a certain time has passed upon approval of a U visa, asylum, a juvenile visa, among others.
2. Asylum
If you are afraid to return to your country of origin because someone has harmed you or could harm you based on your religion, political opinion, race, nationality, or membership in a particular social group, you may be able to apply for asylum and obtain a work permit while your asylum application is pending.
It is important to note that, in order to obtain a work permit under asylum, you must wait 150 days after filing the asylum application, and your application must be pending for at least 180 days. If the immigration service or a judge decides to deny you asylum before that date, you will not qualify for employment authorization
3. U Visa
Another way to get authorization to work legally in the United States is through the U Visa. The U Visa is a nonimmigrant visa for people who have been victims of certain crimes in the United States. If you want to learn more about this benefit, you can read our article. Obtaining Legal Status in the United States Through a U Visa.
While your U Visa is pending (which can take several years), the Immigration Service may grant you deferred action and a work permit in what is known as the “Bona Fide Determination Process.” This work authorization is valid for four years and can be renewed.
4. Cancellation of Removal
This benefit is only available to those who are in removal or deportation proceedings. To apply for this benefit, you must show that you have lived in the United States for at least 10 consecutive years before the start of removal or deportation proceedings; that you are a person of good moral character; and that your removal or deportation would cause exceptional and extremely unusual hardship to your spouse, parent, or child under the age of 21, who is a citizen or lawful permanent resident.
The application for cancellation of removal allows you to obtain a work authorization document while the application is pending.
Would you like to know if you qualify for a work permit?
These are just a few of the immigration benefits that may allow you to obtain authorization to work legally in the United States. It is important to know that there are other benefits not listed here that you may be able to apply for. If you want to know if you qualify for an immigration benefit, it is recommended that you consult with an experienced immigration attorney to evaluate your case.
At Bienvenidos Law Firm, Inc. we have more than 25 years of experience in immigration cases. Please call us at 763-951-2235 or email us at blf@bienvenidoslaw.com to schedule an appointment!
