Virginia Immigration Attorneys Helping Obtain Work Permits
Aliens wishing to seek authorized employment in the United States may have several avenues by which to request and obtain an Employment Authorization Document (EAD). Please consult with an experienced DC immigration lawyer to determine which of the following ways gives you the best change of receiving an EAD:
- Adjustment of Status Application
- Temporary Protected Status (TPS)
- Non-Immigrant Work Visa
Adjustment of Status Application
When an alien has a legitimate adjustment of status application pending with a local immigration office, that individual may request permission for employment authorization. Because it can take several years for an alien to receive his actual permanent resident card, the USCIS permits aliens with legitimate adjustment of status applications to work while the applications are pending. The EADs are authorized for a period of one or two years but may be renewed if the application is still pending.
Temporary Protected Status (TPS)
Nationals of certain countries, as designated by Congress, may be eligible for TPS. If an alien is granted TPS and applies for work authorization, the alien will be permitted to legally work while in the U.S. as long as the TPS exists. When Congress designates certain countries under TPS, aliens from that country who are eligible can apply for TPS.
Usually, a country designation arises when Congress deems a country unsafe to return to as a result of ongoing, armed conflict, environmental disasters, or other extraordinary but temporary conditions. Once Congress feels that the designated country is safe to return to, the country designation will expire. In that instance, all beneficiaries under that particular country TPS will return to the status previously held before TPS. If an individual was illegal prior to receiving TPS and was ineligible to legalize his status while having TPS, that individual will return to being illegal after the TPS designation ends.
It is important to note that TPS does not, by itself, allow an alien to receive permanent residency. Another option must be available to render an alien eligible for permanent residency. TPS is only a temporary measure to allow certain individuals to reside and work in the U.S. for a designated period of time. For permanent solutions available, please contact one of our DC immigration lawyers.
Non-Immigrant Work Visa
As discussed within this site, certain aliens may enter the U.S. temporarily to work: H-1B visas, L-1 visas, and E visas. Certain nationals of both Canada and Mexico can temporarily enter the U.S. to work under a TN visa, as created by NAFTA.