How to Obtain an Employment Authorization Document (EAD) in the United States Without an Active Asylum Case

4 hours ago

6 min read

Not being able to work legally in the United States can be a very difficult experience.

Without employment authorization, many people have trouble finding stable employment, earning a fair wage, or building a more secure and peaceful life.

For this reason, some immigrants believe that the only way to obtain a work permit is by filing an asylum application.

However, asylum is not the only option.

U.S. immigration law provides different processes that may allow you to apply for an Employment Authorization Document (EAD) without having an active asylum case.

At Inmigración OK Abogados, we explain some of the alternatives that may be considered depending on your history and immigration situation.

What Is an Employment Authorization Document?

An Employment Authorization Document (EAD) is a card that demonstrates that a person has authorization to work legally in the United States for a specific period of time.

This document is not granted simply because a person needs to work.

Generally, there must be an underlying process, protection, or immigration category that allows the person to apply for employment authorization.

Therefore, before submitting an application, you should identify the legal basis that could give you access to a work permit.

Pending Adjustment of Status

A person who files a valid adjustment of status application may be eligible to request employment authorization while waiting for a decision on their permanent residence application.

Adjustment of status is the process that allows certain individuals to apply for permanent residence without leaving the United States.

It may be related to a family-based petition. For example, a person may have a petition filed by their U.S. citizen spouse or by another qualifying family member who meets the legal requirements.

Form I-485 is used to apply for adjustment of status.

While U.S. Citizenship and Immigration Services (USCIS) reviews the application, the applicant may submit an employment authorization application under the applicable category.

Main Benefit

The work permit may allow the person to work legally while waiting for a decision on their permanent residence application.

However, having a family petition does not automatically mean that you can file for adjustment of status.

First, factors such as the following must be reviewed:

How you entered the United States.
Your immigration history.
Previous entries and departures.
Whether a visa is available.
Applications previously filed.
Any potential grounds of inadmissibility.

Temporary Protected Status (TPS)

Temporary Protected Status (TPS) may benefit individuals from countries affected by armed conflicts, natural disasters, or other extraordinary conditions.

When a country has an active TPS designation, individuals who meet the requirements may apply for temporary protection from removal.

They may also apply for an Employment Authorization Document.

Important Requirements

Simply being born in a country that has a TPS designation is not enough.

The person must also meet the conditions established for that designation, such as:

Having been physically present in the United States since the required dates.
Demonstrating continuous residence.
Filing the application during the applicable period.
Meeting registration or re-registration requirements.
Not having certain criminal records or other legal bars.

Designations and deadlines may change. Therefore, you should confirm that the benefit is still available to individuals from your country before submitting an application.

Deferred Action

Deferred action occurs when the government decides to temporarily postpone a possible removal from the United States.

This protection does not automatically grant permanent residence.

However, under certain circumstances, it may allow the person to apply for employment authorization.

Deferred Action for Labor Disputes (DALE)

Deferred Action for Labor Enforcement (DALE) may provide temporary protection to certain workers who cooperate with investigations involving violations of labor laws.

This option may be considered in situations involving:

Unpaid wages.
Labor exploitation.
Unsafe working conditions.
Threats.
Retaliation.
Discrimination.
Abuse committed by an employer.

Protection is not automatically granted simply because a person has a workplace dispute.

Generally, there must be an investigation or involvement by a government agency responsible for enforcing labor laws.

Documents You Should Keep

If you are experiencing workplace abuse, keep:

Pay stubs.
Work schedules.
Contracts.
Text messages.
Emails.
Photographs.
Names of witnesses.
Communications with your employer.
Reports filed with government authorities.

This evidence may be important in documenting what happened.

Deferred Action for Childhood Arrivals (DACA)

Deferred Action for Childhood Arrivals (DACA) temporarily protects certain individuals who came to the United States as children.

Beneficiaries who meet the requirements may apply for employment authorization.

DACA does not grant permanent residence or citizenship.

In addition, its implementation has been subject to court decisions and administrative changes.

Individuals who already have this protection should review:

The expiration date.
The appropriate time to renew.
The validity of their employment authorization.
The documents they must submit.
Current government instructions.

U Visa for Victims of Certain Crimes

The U Visa may benefit certain individuals who were victims of qualifying crimes in the United States and who cooperated with law enforcement authorities.

General requirements include:

Having been a victim of a qualifying crime.
Having suffered physical or emotional harm.
Having useful information about the crime.
Having helped or being willing to help law enforcement authorities.
Obtaining certification from an authorized agency.

Because of lengthy processing times, some individuals may receive a bona fide determination.

This preliminary determination may allow them to apply for employment authorization while they wait for a final decision on their case.

Protection Under the Violence Against Women Act (VAWA)

The Violence Against Women Act (VAWA) allows certain victims of abuse to file an immigration petition without depending on the family member who abused them.

Although the law's name refers to women, it can also protect men.

Certain victims of abuse committed by the following individuals may qualify:

A U.S. citizen or lawful permanent resident spouse.
A U.S. citizen or lawful permanent resident parent.
A U.S. citizen son or daughter who is at least 21 years old.

The abuse may be physical, psychological, emotional, sexual, or financial.

Depending on the stage and category of the process, the person may be able to apply for an Employment Authorization Document while their case is being reviewed.

Differences Between an Asylum-Based Work Permit and Other Categories

Employment authorization related to an asylum application depends on having a pending asylum case and meeting the applicable waiting periods and requirements.

Other categories depend on different immigration processes.

For example:

Adjustment of status depends on an application for permanent residence.
TPS depends on an active designation and compliance with its requirements.
A U Visa depends on having been the victim of a qualifying crime and cooperating with law enforcement.
VAWA depends on a qualifying situation involving abuse by certain family members.
Labor-related deferred action depends on the circumstances of the labor dispute and cooperation with an investigation.

Each option has different requirements, benefits, and risks.

Do Not File for Asylum Solely to Obtain a Work Permit

Asylum is intended for individuals who have a genuine fear of persecution based on their race, religion, nationality, political opinion, or membership in a particular social group.

It should not be filed solely to obtain a work permit.

A weak, false, or unsupported application may be denied and could result in serious immigration consequences.

Before filing for asylum, you should review:

Whether your story meets the legal requirements.
Whether you are within the applicable filing deadline.
What evidence you can provide.
Whether there are inconsistencies in your case.
What could happen if the application is denied.
Whether you have other immigration options.

Analyze Your Complete Immigration History

To determine whether you may be able to apply for a work permit without having an asylum case, it is necessary to review:

How you entered the United States.
Your country of origin.
Family-based petitions.
Previous applications.
Experiences involving abuse.
Crimes of which you were a victim.
Workplace issues.
Proceedings before an immigration court.
Immigration orders.
Criminal history.

Two people with similar histories may have completely different options.

Under the direction of attorney Oscar J. Barbosa, at Inmigración OK Abogados, we analyze every detail of your situation to determine whether there is a legal category that may allow you to apply for a work permit without filing for unnecessary asylum.

Do you need an attorney to help you obtain your immigration documents in the United States?

At Inmigración OK Abogados, we provide the assistance you need. We are a law firm with extensive experience advising people like you on establishing themselves legally in the country.

Our firm is known not only for its professionalism and effectiveness, but also for offering payment options so that financial barriers do not make you feel that your dreams are out of reach. The commitment of Inmigración OK Abogados is to you, and our primary goal is to make sure that you have the legal representation you need for your case.

Allow us to be part of your journey toward a better and safer life in the United States. Our team is ready to answer all your questions and guide you through every step of the process. And best of all, your initial case review is completely free!

Do not wait any longer. Take the first step toward your future in the United States. Write to us now on WhatsApp at +1 (908) 585-4523! Our team looks forward to learning about your case and providing you with the guidance you deserve. We will review your case at no cost.