Tag Archives: Temporary Protected Status

UNITED STATES DESIGNATION OF ETHIOPIA FOR TEMPORARY PROTECTED STATUS

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By:  Coleman Jackson, Attorney
December 24, 2022

UNITED STATES DESIGNATION OF ETHIOPIA FOR TEMPORARY PROTECTED STATUS

FIRST LET US TALK ABOUT TEMPORARY PROTECTED STATUS IN GENERAL TERMS:

Temporary Protected Status (TPS) was established by U.S. Congress in 1990. Congress established TPS as part of the Immigration Act of 1990 to provide humanitarian relief to citizens of foreign countries whose countries were suffering from natural disasters, protracted unrest, or conflict. What is important to know about TPS

What is TPS?

TPS is a program that allows migrants whose home countries are considered unsafe the right to live and work in the United States for a temporary, but extendable, period of time. Though they are not considered lawful permanent residents or U.S. citizens, many have lived in the United States for more than twenty years. TPS is for people who cannot go back to their home country because of danger. These may include armed conflict, environmental disasters, or other temporary dangers. This status is only available to nationals and individuals having no nationality who last habitually resided in the designated country.  The Department of Homeland Security (DHS) Secretary is the designating authority of the U.S. government.  The Secretary designated Ethiopia for Temporary Protected Status (TPS for 18 months beginning on December 12, 2022 and ending on June 12, 2024.

What are the benefits of TPS?

  • You can stay in the USA legally for a set period of time
  • You can apply for a work permit in the USA
  • You can apply for a document to travel outside the USA
  • You will be protected from detention and deportation
  • You can have TPS at the same time as another immigration status. You can apply for asylum, lawful permanent resident status (green card), or other protected status if you meet the requirements for those particular immigration benefits.

How does TPS work?

Once a country receives a TPS designation, any citizen of that country who is already physically present in the United States is eligible to apply for the program provided they meet certain requirements set by U.S. Citizenship and Immigration Services (USCIS), a DHS agency. Disqualifying factors include criminal convictions in the United States and participation in terrorist activities.

The authority to grant a country TPS designation is held by the Secretary of the Department of Homeland Security, who can extend it indefinitely if when concluding that conditions in the country prevent individuals from returning home safely. Reasons for TPS designation include:

  • ongoing armed conflict, such as a civil war;
  • an environmental disaster, such as an earthquake, hurricane, drought, or epidemic; and other extraordinary and temporary conditions that render the country unsafe.

Once a country’s designation expires, individuals return to the immigration status they held prior to receiving TPS, which for most migrants means reverting to undocumented status and facing the threat of deportation to their country of origin. They can apply for work or student visas, if eligible, though those are temporary. However, those TPS immigrants whose spouses or adult children are citizens or legal permanent residents could be eligible to stay in the country legally upon approval of an immigrant petition.  Certain employers also could file immigrant petitions on behalf of TPS workers.  Therefore, TPS immigrants may have lots of alternative ways to remain and work in the United States even when their TPS status expires.

U.S. DESIGNATION OF ETHIOPIA FOR TEMPORARY PROTECTED STATUS (TPS)

NOW LET US TURN OUR FOCUS TO THE U.S. DESIGNATION OF ETHIOPIA FOR TEMPORARY PROTECTED STATUS (TPS):

Who designated TPS for Ethiopia?

On October 21, 2022, the Department of Homeland Security (DHS) designated TPS for Ethiopia due to the current situation. The status will last 18 months from when the federal register notice is shared.  DHS recognizes the ongoing armed conflict and the extraordinary and temporary conditions engulfing Ethiopia. This designation is based on both ongoing armed conflict and extraordinary and temporary conditions in Ethiopia that prevent Ethiopian nationals, and those of no nationality who last habitually resided in Ethiopia, from returning to Ethiopia safely. Due to the armed conflict, civilians are at risk of conflict-related violence, including attacks, killings, rape, and other forms of gender-based violence; ethnicity-based detentions; and human rights violations and abuses. Extraordinary and temporary conditions that further prevent nationals from returning in safety include a humanitarian crisis involving severe food insecurity, flooding, drought, large-scale displacement, and the impact of disease outbreaks.

Who Qualifies to apply?

According to USCIS, individuals eligible for TPS under Ethiopia designation must have continuously resided in the United States since October 20, 2022. Individuals who attempt to travel to the United States after October 20, 2022, will not be eligible for TPS under this designation. Ethiopia’s 18-month temporary protection status designation went into effect on December 12, 2022 and ends on June 12, 2024.  Anyone who qualifies must apply for TPS within the designation period.

If you are applying for the first time, you must meet the following requirements:

  • Be a national of Ethiopia, or a person without nationality who lived in Ethiopia for a long time before arriving in the USA
  • Have continuously lived only in the USA since October 20, 2022
  • Have not left the USA since October 20, 2022

How to apply for TPS Ethiopia

How to apply?

You can apply for TPS Ethiopia by filing Form I-821, Application for Temporary Protected Status. You can also file your application online with USCIS. You must send documents showing proof of your identity, nationality, date of entry and evidentiary proof that you have continuously resided in the United States of America October 20, 2022.   You must pay a fee if you are applying for TPS for the first time. The current filing fee for initial TPS filing is $50 plus $85 biometric fee.  You might be able to apply for a fee waiver if you can’t afford to pay the fee.

Further you can apply for employment authorization concurrently when filing Form, I-821 by Filing Form I-765, Application for Employment Authorization.  Currently the filing fee for the initial work authorization is $410.

TPS processing time?

There is still no defined processing time for the Ethiopian TPS, but taking into account the others, the process takes around five and a half months to complete.

Law firms, like ours, can help you complete your application, counsel you on assembling evidentiary supporting documents, and review all of your possible immigration options. The United States Embassy in Ethiopia could offer more information. You can contact the U.S. Ethiopian Embassy at (202) 364-1200 or visit its consular offices in Washington D.C., Los Angeles, CA, and St. Paul, Minnesota. USCIS offers other immigration services that may help people affected by extreme situations. Call 800-375-5283 to learn how to request help.

Disclaimer:  All of the government contact information is provided as a courtesy to our blog readers.  We think it is accurate as of the date of the first publication of this blog.  Our law firm is a private law firm without any affiliation with the U.S. government or any other government. 

This law blog is written by the Taxation | Litigation | Immigration Law Firm of Coleman Jackson, P.C. for educational purposes; it does not create an attorney-client relationship between this law firm and its reader.  You should consult with legal counsel in your geographical area with respect to any legal issues impacting you, your family or business.

Coleman Jackson, P.C. | Taxation, Litigation, Immigration Law Firm | English (214) 599-0431 | Spanish (214) 599-0432 | Portuguese (214) 272-3100

Temporary Protected Status (TPS) in the United States

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By: Coleman Jackson, Attorney, and CPA.
Date: April 01, 2022.

The Department of Homeland Security (DHS) today announced the designation of Afghanistan for Temporary Protected Status (TPS) for 18 months

The Department of Homeland Security (DHS) today announced the designation of Afghanistan for Temporary Protected Status (TPS) for 18 months. Only individuals who are already residing in the United States will be eligible for TPS as of March 15, 2022. But what is TPS?

If your home country is a dangerous place, then you may qualify for Temporary Protective Status (TPS) in the United States. In certain unique circumstances, the United States government will grant this special status to immigrants to the United States from certain countries.

If you are currently in the United States and your home country is involved in armed conflict, for example, you may be granted temporary protection status in the United States. The US government may also grant TPS for environmental disasters or severe epidemics – say if there has been an Ebola outbreak or earthquake in your home country.

Read on to find out everything you need to know about Temporary Protected Status (TPS) in the United States and how it works.

How does temporary protection status work?

Temporary Protection Status is available to specific individuals who cannot safely return to their home country. If you are currently visiting the United States or living in the United States, you may qualify for Temporary Protected Status (TPS). TPS may allow you to remain in the United States indefinitely while your home country recovers.

Some of the situations where temporary protected status may be granted include:

  • Armed conflicts that are ongoing or have recently occurred
  • environmental disasters
  • Epidemics or outbreaks
  • Other extraordinary and temporary conditions

Few countries receive TPS. After analyzing the situation in a particular country, the Department of Homeland Security (DHS)may choose to grant TPS to a specific country.

If TPS is deemed necessary for a particular country, any citizen of that country in the United States may remain in the United States until the government recovers. Eventually, at some point in the future, DHS will remove TPS from the country as conditions improve. At that point, foreigners will have to return home (or seek a different immigrant visa to stay in the United States).  But there are some countries who have been designated TPS for years.

Which countries have temporary protection status?

As of 2022, all of the following countries have Temporary Protected Status according to the United States Department of Homeland Security:

  • Burma (Myanmar)
  • El Salvador
  • Haiti
  • Honduras
  • Nepal
  • Nicaragua
  • Somalia
  • Sudan
  • South Sudan
  • Syria
  • Venezuela
  • Yemen

These countries are on the TPS list for various reasons. Certain countries – including Syria and Yemen – have been plagued by wars in recent years. Other countries – such as Haiti and Nepal – have been severely affected by natural disasters. Some countries have exceptionally high rates of murder and violence.

Ukraine for Temporary Protected Status (TPS)

Note that early this month (March 3, 2022) the Secretary of Homeland Security announced the designation of Ukraine for Temporary Protected Status (TPS) for 18 months and stated the following:

“Russia’s premeditated and unprovoked attack on Ukraine has resulted in an ongoing war, senseless violence, and Ukrainians forced to seek refuge in other countries,” said Secretary Alejandro N. Mayorkas. “In these extraordinary times, we will continue to offer our support and protection to Ukrainian nationals in the United States.”

Further, Secretary Mayorkas designated Afghanistan for TPS on the statutory basis of ongoing armed conflict and extraordinary and temporary conditions that prevent the country’s nationals from returning to safety. The armed conflict that poses a severe threat to the protection of returning residents is ongoing in Afghanistan as the Taliban seeks to impose control in all areas of the country, and Islamic State-Khorasan (IS-K) conducts attacks against civilians. Extraordinary and temporary conditions that further prevent nationals from returning in safety include a collapsing public sector, a worsening economic crisis, drought, food and water insecurity, lack of access to healthcare, internal displacement, human rights abuses, repression by the Taliban, destruction of infrastructure, and increasing crime.

Temporary protection status requirements

To qualify for Temporary Protection Status, you must meet several requirements, including:

  • You must be a national of a country on the TPS list or a person without nationality who has previously lived in a TPS country
  • You must apply for TPS during the registration or re-registration period or be eligible for late application.
  • You must have already been in the United States when your country was added to the TPS list
  • You must live continuously in the United States from the time your country received TPS status until the time you applied for a visa; When you apply or re-register for TPS, you must inform USCIS of all absences from the United States, although the law allows an exception for “short, casual, and innocent departures from the United States.”

 

Specific individuals may be ineligible for TPS status even if they meet the above requirements or qualify for TPS. You may be ineligible if:

  • You are convicted of a felony or more than two misdemeanors in the United States
  • You are inadmissible to the United States due to security concerns, including criminal and security reasons.
  • You are subject to any mandatory asylum ban, including participation in the persecution of another individual or involvement in or incitement to terrorist activities.
  • You were unable to meet continued physical presence and continued residency in the United States requirements; say, if you left the United States after your country received TPS, but before you applied for TPS yourself
  • You have not re-registered for TPS as needed without causing 

How to apply for temporary protection status (TPS)

How to apply for temporary protection status (TPS)

Applying for Temporary Protected Status (TPS) requires you to submit supporting documents and other evidence to the USCIS. Your documents must prove that you meet the requirements listed above.

This is the general process for applying for Temporary Protected Status (TPS) with USCIS:

Step 1) Submit the temporary protection status form

TPS applicants must file a unique form called Form I-821, Application for Temporary Protection Condition. Some applicants also choose to attach Form I-765, Application for Employment Authorization, which allows you to begin work immediately if your citizenship is approved. Forms and all applicable documents must be submitted to USCIS.

If you believe you may be inadmissible to the United States (say, if you have a criminal record or other reasons to be denied), you may also file Form I-601, Request for Waiver of Justification Inadmissibility.

Step 2) Attach supporting documents

You will need to attach supporting documents to your application, including documents proving that you are a resident of a country on the TPS list.

Proof of identity and nationality

First, you will need to prove that you are a national of a TPS-designated country. You can do this by sending:

  • A copy of your TPS list country passport
  • A copy of your birth certificate with a photo identifying you
  • A copy of a national identity document with a photo or fingerprint issued by an embassy or consulate of your country in the United States

Other evidence that proves your identity and nationality may include:

  • Documents proving your nationality, including a certificate of naturalization that does not necessarily need to have a photo or fingerprint
  • A baptism certificate proving your nationality or the nationality of your parents
  • Copies of school records or medical records from a TPS list country
  • Copies of immigration documents proving your identity or nationality
  • Testimonials from friends or family proving your identity or nationality, including statements confirming your place and date of birth

Entry date proof

The United States also needs to verify that you have entered the United States before your country has been added to the TPS list. To prove this, you can provide:

  • A copy of your passport
  • Form I-94, United States Arrival/Departure Record
  • Copies of documents from your stay in the United States, including lease agreements, receipts, employment contracts, and other evidence

Proof of continuous residency

Finally, to qualify for the TPS, you must prove that you have been in the United States continuously since your country was added to the TPS list. You cannot travel back to your home country after it has been added to the TPS list and then return to the United States in pursuit of Temporary Protected Status. To prove continuous residency, you may need to provide the following documents:

  • Rental agreement or receipts, including utility bills, hotel receipts, or other evidence
  • employment records
  • School Letters, including proof of admission and studies at a US school
  • Medical or hospital records proving that you or a family member received treatment in the United States
  • Testimonials from an organization – such as a church – that confirms that you have been in the United States continuously for a certain period of time

Step 3) Submit the Application

Once you have collected all of the above evidence, you can submit the petition to USCIS. If USCIS accepts your petition, you will receive an acknowledgment of receipt. If your petition is rejected, USCIS will list the reasons for the rejection and explain whether or not you can re-apply. It usually takes around three weeks to process the application.

Step 4) Biometric Collection

USCIS may require additional documents after receiving your TPS application, including biometric details such as fingerprints and photographs. If the USCIS requires this information, they will send you a notice. Generally, any TPS candidate over age 14 will need to provide biometric data such as photographs, fingerprints, or signatures.

USCIS will ask TPS applicants to look for an Application Support Center (ASC), where your biometrics will be used to verify your identity, confirm your country of residence, and complete a background check. Your EAD may also be issued in an ASC.

You may need to bring all of the following documents to your ASC interview, including:

  • A document that proves your identity
  • A photograph that complies with US visa photo requirements
  • USCIS ASC Nomination Confirmation Notification
  • Employment Authorization Document (EAD)if you don’t have one yet

You may also request to reschedule the appointment if you cannot meet the schedule stated in your USCIS letter.

Step 5) Wait for a decision from the USCIS

Eventually, USCIS will decide on your application for Temporary Protected Status, choosing to approve or deny your application. Your EAD will also be approved or denied (if you applied for an EAD).

How long does my TPS last?

Depending on the situation in your country, your individual TPS will be valid for no less than six months and no more than 18 months.

After the TPS period, you can re-register or extend your TPS.

Can I leave the United States while I am under TPS?

If you have temporary protection status, you will need a travel authorization document to leave the United States – even temporarily and briefly. You can apply for travel authorization by completing Form I-131, Application for a Travel Document, and submitting it to USCIS.

Finally, Temporary Protected Status is a unique type of status extended to citizens of certain countries experiencing temporary disasters, wars, or other dangerous situations. If you are in the United States while your country is added to the TPS list, you may qualify for Temporary Protected Status.

 

This law blog is written by the Taxation | Litigation | Immigration Law Firm of Coleman Jackson, P.C. for educational purposes; it does not create an attorney-client relationship between this law firm and its reader.  You should consult with legal counsel in your geographical area with respect to any legal issues impacting you, your family or business.

Coleman Jackson, P.C. | Taxation, Litigation, Immigration Law Firm | English (214) 599-0431 | Spanish (214) 599-0432 | Portuguese (214) 272-3100

United States Temporary Protected Status designation for Venezuelans residing in the United States on March 8, 2021 | LEGAL THOUGHTS

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Coleman Jackson, P.C. | Transcript of Legal Thoughts Podcast
Published April 26,2021.

United States Temporary Protected Status designation for Venezuelans residing in the United States on March 8, 2021

Legal Thoughts is a podcast presentation by Coleman Jackson, P.C., a law firm based in Dallas, Texas serving individuals, businesses, and agencies from around the world in taxation, litigation and immigration legal matters.

This particular episode of Legal Thoughts is a podcast where the Attorney, Coleman Jackson is being interviewed by Reyna Munoz, Immigration Legal Assistant of Coleman Jackson, P.C.   The topic of discussion is “Immigration Matters You Ought to Know About: United States Temporary Protected Status designation for Venezuelans residing in the United States on March 8, 2021”. You can listen to this podcast by clicking here:

You can also listen to this episode and subscribe to Coleman Jackson, P.C.’s Legal Thoughts podcast on Apple Podcast, Google Podcast, Spotify, Cashbox or wherever you may listen to your podcast.

TRANSCRIPT:

ATTORNEY:  Coleman Jackson
Legal Thoughts
COLEMAN JACKSON, ATTORNEY & COUNSELOR AT LAW

ATTORNEY:  Coleman Jackson

Welcome to Immigration Thoughts

  • My name is Coleman Jackson, and I am an attorney at Coleman Jackson, P.C., a taxation, litigation, and immigration law firm based in Dallas, Texas.
  • Our topic for today is: Immigration Matters You Ought to Know About: United States Temporary Protected Status designation for Venezuelans residing in the United States on March 8, 2021. Other members of Coleman Jackson, P.C. are Yulissa Molina, Tax Legal Assistant, Reyna Munoz, Immigration Legal Assistant, Leiliane Godeiro, Litigation Legal Assistant and Mayra Torres, Public Relations Associate.
  • On this “Legal Thoughts” podcast our immigration legal assistant, Reyna Munoz, will be asking the questions and I will be providing the answers to the questions on this very important immigration topic: Immigration Matters You Ought to Know About: United States Temporary Protected Status designation for Venezuelans residing in the United States on March 8, 2021.

Interviewer:  Reyna Munoz, Immigration Legal Assistant

  • Hi Attorney, thank you for joining me today and for taking the time to answer a few questions that I have in regard to the recent USCIS announcement about designating Venezuela Temporary Protected Status.

Question No. 1

Attorney, can you tell me, what this is about?

Attorney Answers Question 1:

  • Hi Reyna, yes what you heard is correct! On March 8, 2021, Secretary Mayorkas designated Temporary Protected Status or TPS for Venezuela. What this does is it allows Venezuelan nationals that are currently residing in the United States to file an initial application for TPS.

Interviewer:  Reyna Munoz, Immigration Legal Assistant

Question 2:

That is great news attorney, I’m sure that this will help a lot of Venezuelan nationals. How long do Venezuelan nationals get to have this new Temporary Protected Status?

Attorney Answers Question 2:

  • Reyna, the TPS designation for Venezuelans is currently for a period of 18 months. That is it currently ends in September 2022.

Interviewer:  Reyna Munoz, Immigration Legal Assistant

Question 3:

Why was this TPS designation for Venezuelans made at this time?

Attorney Answers Question 3:

  • TPS was designated for Venezuela because of the extraordinary and temporary conditions that prevent Venezuelan nationals from returning safely to their home country. The extreme and harsh conditions that currently confronts Venezuela are:
  • Hunger and malnutrition and lack of basic essentials for safety and security and human dignity
  • A growing influence and presence of non-state armed groups
  • Repression and recrimination by state actors, their enablers, and other bad people
  • A crumbling Venezuelan infrastructure

Interviewer:  Reyna Munoz, Immigration Legal Assistant

  • That is very interesting information attorney. It sounds like TPS for Venezuelans is a humanitarian response to dangerous times for our neighbors in Venezuela.

Question No. 4:

Who is eligible to apply for Temporary Protective Status under the new Venezuelan TPS designation?

Attorney Answers Question 4:

  • That is a very thoughtful and insightful question, Reyna, those individuals who are nationals of Venezuela who can demonstrate continuous residence in the United States as of March 8, 2021 are eligible to apply for Temporary Protected Status under this TPS designation. That means they must have been physically residing in the United States on March 8, 2021.
  • These TPS applicants will also have to go through security and background checks to determine their eligibility for TPS.
  • It’s extremely important that Venezuelans residing outside of the United States do not fall for scams and other misinformation from smugglers or others claiming that the border is now open. They must have been residing in the U.S. on March 8, 2021.  People should not risk their lives, or their families lives and health with false information that they can come from Venezuela now and claim TPS. This TPS designation is limited to Venezuelan nationals and is not applicable to citizens from other South American countries.
  • Furthermore, due to the coronavirus pandemic, travel and admission restrictions remains in full force and effect on the U.S. border.

Interviewer:  Reyna Munoz, Immigration Legal Assistant

Question 5:

  • Thank you for explaining this in such a comprehensive manner, attorney. It is very important that people understand that:
  • they must be a Venezuelan national to be eligible for TPS under the Venezuelan TPS designation; and
  • they must have been residing in the United States on March 8, 2021;
  • Question No. 5:
  • When and how can eligible individuals apply for TPS?

Attorney Answers Question 5:

  • Those that would like to file an application for TPS will have to submit an application within the 180-day registration period, that is, March 9, 2021 through September 5, 2021. Keep in mind that they have to be able to show continuous residence in the United States since March 8, 2021 and continuous physical presence in the United States since March 9, 2021.
  • Form I-821 Application for Temporary Protected Status will have to be filed with USCIS and if the individual wishes to apply for employment authorization, they will have to file Form I 765. Furthermore, if a ground of inadmissibility applies, then Form I 601, Application for Waiver of Grounds of Inadmissibility will also have to be filed with the TPS package.

Interviewer:  Reyna Munoz, Immigration Legal Assistant

  • Thank you for that information, attorney.

Question No. 6:

What sorts of evidence will need to be submitted to USCIS in support the TPS application?

Attorney Answers Question 6:

  • The individual can expect to submit evidence such as identity and evidence to demonstrate that they are a national of the designate country such as:
    • A copy of their passport
    • A copy of their birth certificate
    • Any national identity that includes a photograph and/or fingerprint issued by their country
  • The immigrant can also expect to submit entry evidence such as:
    • A copy of their passport; and
    • I-94 Arrival/Departure record
  • Finally, continuous residence evidence will also have to be submitted. This could be evidenced by such documents and information as the following:
    • Employment records
    • Rent receipts, utility bills, receipts or letters from companies
    • School records
    • Hospital records
    • Attestations by church, union, or other organization officials

Interviewer:  Reyna Munoz, Immigration Legal Assistant

  • I’m sure a lot of people that are expecting to apply for TPS will find this information very helpful, attorney.

Question No. 7:

Is there a fee to apply for TPS?

Attorney Answers Question 7:

  • As of March 10, 2021, if the immigrant is applying for Venezuelan TPS and is between ages of 14 and 65 years old and they are applying for an employment authorization card, then the filing fee for the I-821 is $50, the biometric fee is $85, and the I-765 fee is $410 bringing the total USCIS filing fee to $545. These fees could be changed by the government with little notice.
  • Under certain facts and circumstances the TPS applicant can file Form I-912, Application for Fee Waiver in these TPS cases.

Reyna Munoz’s Concluding Remarks:

  • Thank you for this detailed explanation of the new TPS designation for Venezuelan nationals, attorney. Hopefully, many of our Legal Thoughts Podcast listeners or their friends from Venezuela will find this update on the new TPS designation for Venezuelans very helpful.
  • Our listeners who want to hear more podcast like this one should subscribe to our Legal Thoughts Podcast on Apple Podcast, Google Podcast, Spotify or wherever they listen to their podcast for more taxation, litigation, and immigration Legal Thoughts podcasts. Everybody take care!  Read our taxation, government contract litigation and immigration law firm’s blogs at www.cjacksonlaw.com.  Coleman Jackson, P.C., is located right here in Dallas, Texas at 6060 North Central Expressway, Suite 620 Dallas, Texas 75206.
  • English callers: 214-599-0431 | Spanish callers:  214-599-0432 | Portuguese callers:  214-272-3100.

Attorney’s Concluding Remarks:

THIS IS THE END OF “LEGAL THOUGHTS” FOR NOW

  • Thanks for giving us the opportunity to inform you about “Immigration Matters You Ought to Know About: United States Temporary Protected Status designation for Venezuelans residing in the United States on March 8, 2021.” If you want to see or hear more taxation, litigation and immigration LEGAL THOUGHTS from Coleman Jackson, P.C. Stay tuned! We are here in Dallas, Texas and want to inform, educate, and encourage our communities on topics dealing with taxation, litigation and immigration.  Until next time, take care.

Podcast – Employment Authorizations for Immigrants: Who Qualifies and How to Apply?| LEGAL THOUGHTS

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Published August 4, 2020

Podcast - Employment Authorizations for Immigrants: Who Qualifies and How to Apply?| LEGAL THOUGHTS

Legal Thoughts is a podcast presentation by Coleman Jackson, P.C., a law firm based in Dallas, Texas serving individuals, businesses, and agencies from around the world in taxation, litigation, and immigration legal matters.

This particular episode of Legal Thoughts is a podcast where the Attorney, Coleman Jackson is being interviewed by Mayra Torres, the Public Relations Associate of Coleman Jackson, P.C.

The topic of discussion is “Employment Authorizations for Immigrants: Who Qualifies and How to Apply?” You can listen to this podcast by clicking here: 

You can also listen to this episode and subscribe to Coleman Jackson, P.C.’s Legal Thoughts podcast on Apple Podcast, Google Podcast, Spotify, Cashbox or wherever you may listen to your podcast.

TRANSCRIPT:

ATTORNEY:  Coleman Jackson
Legal Thoughts
COLEMAN JACKSON, ATTORNEY & COUNSELOR AT LAW

ATTORNEY:  Coleman Jackson

Welcome to Immigration Thoughts

  • My name is Coleman Jackson and I am an attorney at Coleman Jackson, P.C., a taxation, litigation, and immigration law firm based in Dallas, Texas.
  • Our topic for today is: “Employment Authorizations for Immigrants: Who Qualifies and How to Apply?”
  • Other members of Coleman Jackson, P.C. are Yulissa Molina, Tax Legal Assistant, Reyna Munoz, Immigration Legal Assistant and Mayra Torres, Public Relations Associate.
  • On this “Legal Thoughts” podcast our law firm’s Public Relations Associate, Mayra Torres will be asking the questions and I will be giving the answers as she and I will be discussing: “Employment Authorizations for Immigrants: Who Qualifies and How to Apply?”

Mayra Torres Introduces Herself to the Audience:

  • Hi everyone, I am Mayra. I am the Public Relations Associate at the tax, litigation and immigration law firm of Coleman Jackson, P.C. Right here in Dallas, Texas.
  • Now Attorney: this is a follow up on a podcast that we did a couple of weeks ago where you and I were discussing “Green Cards & Work Permits” during this dread…………full pandemic!
  • Let’s go deeper into immigrants and work authorizations in the U.S. First of all:
  • What are the different types of work permits and who qualifies to work in the United States?

Attorney Answers Question 1:

  • Wow Mayra; that is a gigantic question since there are over 50 or 60 different categories of work authorizations defined in the U.S. Immigration Nationality Act, or INA, 8 United States Code. Each of these categories apply to different categories of immigrants, non immigrants, and their family members. Each category has different qualifying criteria. The duration for each category may also differ depending upon the specific authorizing provision of the INA.
  • We might have to address your question in several separate podcast over the next few weeks or even months. Interested listeners should subscribe to our podcast. For now, I intend to cover maybe 10 categories of work permits in this particular podcast. And for the most part I will merely mention the technical references to the applicable INA Section numbers authorizing the particular work permit category. I will also try to leave out the legal jargon and speak in ordinary language to see if I can explain work authorizations so that normal people can understand the different categories of work permits and their specific qualifying requirements.

Mayra Comments on That Approach

  • Oh exactly attorney. Its best to explain this in simple, easy to understand words;so that, people can follow along and understand what you are saying; you know! I mean …talk in language that regular people can understand.
  • And oh yeah; we can have a series of conversations on this topic in future podcast. Anyone who wants to know more about work permits for immigrants can subscribe to our law firm’s podcasts. Okay let’s go… my first question is this:
  • What are the different types of work permits and who qualifies?

Attorney Continues with Answer of Question1:

  • I am going to start by discussing those classes of immigrants who are authorized to be employed in the United States without restrictions as to location or type of employment:
    1. An immigrant who is a Lawful Permanent Resident (with or without conditions pursuant to INA section 216). These are immigrants issued Form I-551 or Green Card by the Department of Homeland Security.
    2. An immigrant who is a lawful temporary resident of the U.S. pursuant to INA section 245A or section 210 of the Immigration Nationalization Act. These temporary residents of the U.S. have been issued an EAD or Employment Authorization Document.
    3. An immigrant who has been paroled into the U.S. under INA section 207 as refugee.Refugees in the U.S. have been issued an EAD or Employment Authorization Document.
    4. An immigrant who has been granted asylum under INA section 208. Asylum seekers whose applications have been pending for more than 90 days can also be granted a work authorization while their asylum applications are pending decision at the Asylum Office.
    5. An immigrant who has been granted Temporary Protected Status (TPS) under INA section 244 has been issued an Employment Authorization Document (EAD).
    6. Any immigrant who has been granted U-1 crime victims status pursuant to 8 CFR 214.4 are issued a work authorization so long as they are in that status.
    7. Any immigrant who has been granted VAWA status under the Violence Against Women’s Act has the authority to work in the United States as long as they are in that status.
  • All immigrants who are authorized employment incident to their status, must apply to U.S.Citizenship and Immigration Services (USCIS) for a work authorization with the exception of the Green Card holder and the immigrant granted VAWA status; a VAWA self-petitioner can request authorization to work directly on the Form I-360 Petition. And Green Card Holders or Lawful Permanent Residents have the authority to work anywhere.
  • Again, all work permits discussed so far falls into the category where the immigrant can be employed in the United States without restrictions as to location or type of employment. They can work anywhere. Now less turn to the category of work authorization which are restrictive as to location and employer.

Interviewer:  Mayra Torres, Public Relations Associate

Question 2:

  • You mean some immigrants are restricted as to who they can work for and when!
  • What kind of restrictions are we talking about here? You mean there are immigrants who can’t work for anyone they want and anywhere in the United States … they want?

Attorney Answers Question 2:

  • Yes Mayra; that is exactly right. Some immigrants are issued work permits that restrict who they can work for and where they can work in the United States. I am only going to cover about three in this podcast. These are the most popular types; but again, we might revisit this topic in future podcast. For now, I am going to limit my discussions of immigrants who are restricted by law to work for a specific employer or otherwise restricted to employment authorized in the INA to these three:
  • First: A non immigrant treaty trader in the E-1 category and treaty investor in the E-2 category pursuant to INA section 214.2(e) are restricted to working only for the treaty-qualifying company through which they attained their status. They cannot work for anyone else in the United States.
  • Second: A non immigrant student must have a valid F-1 student status and are restricted pursuant to INA section 214.2(f) to working no more than 20 hours per week when the school is in session or full-time when school is not in session if the student intends to and is eligible to register for the next term or session. Moreover, the INA provides that students can engage in employment in the form of curricular practical training (internships, cooperative training programs, or work-study programs which are part of an established school curriculum) after being enrolled as a full-time student for a full academic year. These employment matters are handled on campus by the Designated School Official at the student’s college or university on Form I-20.
  • Third: An intra-company transferee in the L-1 status pursuant to INA section 214.2(l) is authorized to work only for the employer who filed the petition through whom they obtained the L-1 status.An immigrant on L-1 status cannot work for anyone else in the United States. I might add that the type of work they can perform is also restricted to the representations made by their employer in their petition. They must be high-level managerial or executive level individuals coming to the U.S.to oversee some specified areas or providing expertise in growing the domestic enterprise.

Attorney Interview: By Mayra Torres

QUESTION 3:

  • Wow! Attorney thanks for giving such comprehensive overview of these 10 types of work permit categories.
  • I have so many more questions, such as,
    • What is the duration of each one of these work permits that you have discussed; and
    • Whether the immigrant’s family members, such as, their spouse, children, and parents can work too; and
    • How can an immigrant with a work permit get a Green Card (we might have covered that in our previous podcast on Green Cards, but I can’t remember your answer now)?
  • Maybe we can discuss those questions in future podcast or blogs or something.
  • But a big question right now with this pandemic deals with workers getting sick on their jobs.
  • Question number 3 is this one: Undocumented Immigrants are not authorized to work in the United States; so… what if they catch Covid-19 at work and get sick or …worst…dies…. Are they entitled to receive any money for lost wages or earnings?

Attorney Answers Question 3:

  • That is a very complex question and the law could be in flux because of federal, state, or local rules changes being discussed in many circles. These protections could impact whether employees can recover damages of any kind resulting from injuries allegedly sustained as the result of Covid-19.So, I will limit my answer to Texas law pre-Covid 19.
  • Well established law in Texas says that injured workers and/or contractors are not required to be U.S. citizens nor are they required to possess immigration work authorization permits as a prerequisite to recovering damages for lost earning capacity due to injury on the job. There is case law that goes as far back as 1993 that holds this legal principle.
  • But the law in this area could change as law catch up with legislative and other changes at the federal, state, and local level as it pertains to the response to Covid-19. And let me just say, federal law can be an affirmative defense whenever it conflicts with state or local law. So bottom line; the answer to this question is unclear at this time.

Attorney’s Summary:  Coleman Jackson

  • Mayra thanks for asking some very important questions regarding work permits.
  • I know we did not answer all of the questions you might have on this very important immigration topic. We might revisit it in our future blogs, podcast, or videos on our U-Tube Channel. For now,we have to go.

Attorney’s concluding Remarks:

THIS IS END OF “LEGAL THOUGHTS” FOR NOW

  • Coleman Jackson, Attorney’s concluding remarks:
  • Thanks for giving us the opportunity to inform you about the Immigrant Work Authorizations in the U.S. We might discuss other aspects work permits and their requirements in follow up podcasts or blogs in the near future. If you want to see or hear more taxation, litigation, and immigration LEGAL THOUGHTS from Coleman Jackson, P.C. Subscribe to our podcast and Stay tune! We are here in Dallas, Texas and want to inform, educate, and encourage our communities on topics dealing with taxation, litigation and immigration. Until next time, take care.