How to Get a Work Permit If You Don't Have DACA

DACA is the most well-known work permit pathway for undocumented immigrants, but it has strict eligibility requirements: you must have entered the US before your 16th birthday and before June 15, 2007; you must have been under 31 years old as of June 15, 2012; and you must have no significant criminal history. Millions of undocumented immigrants in the US do not meet these requirements.

But DACA is not the only path to a work permit. Depending on your situation, there may be other legal avenues worth exploring, some of which many immigrants and even some attorneys do not know about.

If you have a pending or approved asylum application, you can apply for a work permit (Form I-765) 150 days after your asylum case was filed. An approved asylum application automatically makes you eligible for a work permit. Withholding of removal and Convention Against Torture grants can also lead to work authorization.

Temporary Protected Status (TPS) is another pathway. TPS is available to nationals of certain designated countries, including El Salvador, Honduras, Haiti, Nepal, and others, who are already in the US. TPS provides both deportation protection and work authorization. Eligibility depends on your country of origin and whether you were in the US during the registration period. TPS designations change over time, so check the current list with an attorney.

If you are the victim of a serious crime in the United States and cooperated with law enforcement, you may be eligible for a U visa. U visas provide four years of lawful status and work authorization, and lead to a green card pathway after three years. Qualifying crimes include domestic violence, sexual assault, human trafficking, robbery, and others.

Victims of domestic violence who are married to a US citizen or permanent resident may be eligible for VAWA self-petition. Under VAWA, you can file your own green card petition without your abuser's knowledge or cooperation. This also leads to work authorization.

If you are the victim of human trafficking, you may be eligible for a T visa, which also provides work authorization and a path to permanent residence.

For immigrants who entered the US legally and have a family or employer willing to sponsor them, adjustment of status or consular processing may lead to a green card, and a work permit during the process. Even if you are undocumented now, a prior lawful entry may open doors.

At Gracie Johnson Law in Compton, we evaluate each client's situation individually to find every available pathway, including ones the client has never heard of. If you are working without authorization or cannot afford to be undocumented any longer, call us at (310) 554-4630. We help you understand what you qualify for and how to pursue it.