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How To Get a Work Permit in USA And California

WORK PERMIT / EMPLOYMENT AUTHORIZATION IN THE USA

Paniotto Law Firm helps its clients to get work permits. Immigrant can not normally apply for work permit unless he/she files some immigration case with the Immigration service. Below is the incomplete list of non-immigration and immigration and illegal immigrant categories of work permit applicants who qualify to get a work permit based on their cases:

WHO CAN GET A WORK PERMIT IN USA?

ASYLUM APPLICANTS

Asylum applicants who filed for political asylum in the USA can apply for work permit upon 150 days after filing the asylum application. The asylum work permit rules say that if any delay in the process (such as asking to continue your immigration court hearing , or not doing fingerprints on time ) is caused by the asylum applicant – the accumulation of 150 days will stop until the applicant attends the next immigration court hearing, does the fingerprints and otherwise cures the defect in asylum case processing.

In practice , however, very frequently USCIS for no reason stops the “clock” accumulating 150 days necessary to apply for asylum work permit. Its very difficult to prove to the USCIS that that wrongfully stopped the clock accumulating 150 days to apply for asylum work permit.  Likewise, immigration judges very often stop the clock accumulating 150 days for asylum work permit even though asylum applicant did not violate any asylum rules.  Unfortunately, immigration judges often try to ignore the asylum work permit issue and are not interested in helping asylum applicant to accumulate their 150 days to apply for work permit. Under such circumstances immigration lawyer has to file a motion to reanalyze the clock to prove to the Immigration court that it was not asylum applicant’s fault that caused some kind of delay in the asylum process. Very often even immigration lawyers do not pay enough attention to work permits for their clients and the preparation of work permit applications very often is monopolized by unlicensed paralegals and notarios.

 

Another problem with getting an asylum work permit is the unfair and unjust immigration court rule that gives immigration lawyer only two options at the first asylum hearing in immigration court: either “waive time” or request an expedited asylum hearing before immigration judge. If immigration lawyer waives time, the clock accumulating 150 days to file for asylum work permit stops until the next hearing. If immigration lawyer requests an expedited hearing – the clock doesn’t stop , but the final asylum trial might take place so soon that a 150 days will not accumulate and asylum applicant will not get a work permit and on top of that will not have enough time to prepare for the next asylum trial hearing.

Thus immigration attorneys are most frequently forced to waive time and sacrifice the possibility of getting a work permit for their client to the need to gain time and prepare for the asylum merits hearing (asylum trial).

TPS APPLICANTS

TPS is a program that allows illegal immigrants from countries that suffered natural disasters like floods or earthquakes or suffered extreme political problems to temporarily remain in the U.S.

Immigrants from EL SALVADOR, HONDURAS, NICARAGUA, SUDAN, HAITI, LIBERIA AND SOMALIA qualify to apply for temporary protected status that allows TPS applicant who is otherwise illegal to stay in the U.S. in valid TPS status and not be deported and to get a work permit for the duration of the TPS status

The rules of how to get TPS vary depending on the country

For example TPS applicants from El Salvador who arrived to the U.S. before February 13 2001 and initially registered for TPS before September 9, 2002 are eligible re reregister for TPS every year. Additionally ,  some asylum applicants who have been continuously in pending asylum applications status may apply for late initial registration for TPS even though they did not initially register in 2001-2002.

For more detailed TPS rules feel free to come to the first free consultation to talk to our immigration lawyer Dmitry Paniotto. Call the Paniotto Law firm at 213-984-4145 to make an appointment for your first free consultation.

OTHER CATEGORIES OF VISA HOLDERS AND IMMIGRANTS ELIGIBLE FOR WORK PERMIT IN USA:

  • OPT  F 1 students
  • J-2 spouses of J – 1 students
  • B-1 non-immigrant who is a personal and domestic servant of a non-immigrant employer
  • Spouses of L-1 intra-company transferee and E-2 investor
  • Immigrants granted withholding of deportation or removal
  • Applicants for Suspension of Deportation and cancellation of removal ( C 10)
  • Individuals paroled into the US. In the public interest (C 11)
    Deferred Action
  • Illegal immigrants who received a final order of removal and deportation (C 18) released on supervision
  • Battered spouses
  • U-1 visa applicants

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