Foreigners who are under undocumented status in the United States have certain restrictions during their stay, given that it is illegal for them to remain in US territory. However, there are some who yes they can workas long as they have an asylum or refuge process.
According to the official website of the Citizenship and Immigration Services (USCIS), employers cannot employ anyone who does not have an Employment Authorization (EAD). And to process said document, you must have a valid immigration permit; for example, a visa from the admitted work categories.
Although, according to information from the organization itself, asylum or refugee petitioners can also do so. They enter the country as undocumented and remain waiting for their immigration situation to be resolved. Meanwhile, have the opportunity to look for a job.
They must only belong to one of the following groups:
- You have a Form I-485, Application to Register Permanent Residence or Adjust Status, in process.
- You have a Form I-589, Application for Asylum and Withholding of Removal, in process.
- You have a Nonimmigrant status that allows you to be in the United States, but does not allow you to work in the United States without first applying for an EAD (such as a student with an F-1 or M-1 visa).
“You are authorized to work in the United States based on your immigrant status or circumstances (for example, you are an asylum seeker, a refugee, or a U Nonimmigrant) and you need to demonstrate your employment authorization,” Uscis explained.
How to apply for a work permit in the United States?
The only thing you have to do is send Form I-766 to the mentioned government agency. It is important to do so, since some employers ask for verification of this procedure in order to be able to give the position.
In the case of a renewal, the process is different: “If you are still eligible to apply for employment authorization or have employment authorization due to your immigration status or circumstances, but your EAD is expiring or has already expired, you must apply to renew the EAD via a new Form I-765 along with the required fee (if required).
On this last case, The request must be made within 180 days before the permit expires. “Usually, you cannot apply to renew your EAD more than 180 days before your original EAD expires,” Uscis concluded.
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