Get to Know All Types of Work Permits | A Guide by Shepelsky Law Group
Defining Work Permit Authorization As Per The Immigration Law
The immigration law of the United States is federal and uniform across all the states. As a result, law firms can offer assistance throughout the country. Immigrants file for a work permit in the United States based on the immigration codes on their work authorization. The United States issues permits according to these categories of immigration status. The legal counsel that assists with the process is worth its weight in gold. It can ensure that the process goes as smoothly as possible.
In other words, immigration codes are the category individuals have to file in to get a work permit?
We have a large chart showing different categories. Let’s review the most common ones used in immigration law.
Firstly, the work permit code appears as a small code on the form. You can find it situated between the alien number and the receipt number. It indicates the category in which the applicant falls. People also refer to the work permit code as the employment authorization document numbers. The Department of Homeland Security assigns these six-digit numeric codes. They each start with a letter (A-F) and then have five digits.
Let’s discuss the first category for individuals identified as refugees. Under US law, a Refugee is someone who cannot or chooses not to return to their home country due to a “well-founded fear of persecution.” Persecution would be based on race, membership in a specific social group, political opinion, religion, or national origin. UNHCR states that refugees are persons who have fled their homes and the limits of their country because of persecution. This includes war, ethnic cleansing, violence, or persecution. Consider the first category for individuals identified as internally displaced persons in need of international protection. Whether a person’s “usual place of residence” lies within their country’s borders determines this classification. Internally displaced persons are those who currently reside within their country’s borders but once lived elsewhere. We call these people IDPs (Internally Displaced People).
Refugee categorization – special notes
* A03 is the code for a refugee.
* A04 is for people on parole in the USA as a refugee. So they get a special stamp on their paperwork at the border. When they enter the border, they get refugee status at the border.
K-1 non-immigrant (fiancé of a US citizen) visa holders can enter the US to marry their American fiancé(e)s. They can stay in the country as lawful permanent residents.
* Consider a K-1 non-immigrant (fiancé of a US citizen) just came to the states or a K-2 child of K-1. If they apply for a work permit, they will be able to do so under the category AO6,
* What if a K-1 non-immigrant gets married right away and files for a green card? They can also file for a work permit. That code will be C09. That’s for people who are waiting for pending I-85 pending a decision on the green card application.
Withholding Of Removal
The work permit authorization (immigrant code A10) is valid for withholding of removal or withholding of different stations. Sometimes immigrants file for asylum and the court doesn’t feel like there’s enough in the case to grant asylum. When they do not deny it either, it provides a step lower to the asylum with a withholding of removal from the US.
When a person is granted “withholding of removal,” it means they have been ordered deported. However, the court has decided they won’t be physically deported for now. They remain in the country with a deported status, but actual deportation is postponed. That’s why it’s termed “withholding of removal.” The corresponding code for this is A10. An immigrant with this status can obtain a work permit. However, if they leave the country, they’re seen as having self-deported. As a result, they cannot use advance parole to return.
Enforced Departure (DD)
The category known as “enforced departure (DD)” has the code A11. This code references a specific section of the Immigration and Nationality Act (INA). This section deals with the legal status of this group of people in the United States. The A11 code, along with others, identifies individuals who have permission to be legally present in the United States. It shows they belong to these specific categories.
A14 is for the live act family unity beneficiary. A14 allows individuals to receive support and resources to continue their mission of helping those in need. With this, more people can access services that are necessary for their well-being and success.
Visa for Trafficking Victims
Victims of human trafficking have access to a special visa. This isa allows them to stay in the U.S. and seek safety here. Learn more about this visa. Here is how it can help survivors find help and support in their journey toward recovery and freedom. If you’re a victim of human trafficking, you have the right to apply for a U visa. Find out more about your eligibility, the application process, and how to receive help with your visa application. Get the facts and begin building a safe future. Get help with the visa process for victims of human trafficking. Our experienced team will guide you through each step, providing support and guidance along the way. Let us help you take back control of your life and secure a safe future.
* Trafficking victims get the T-1 visa. They fall into category A16. This is for people who faced trafficking or sexual/worker slavery or other forced labor category. If they file for a work permit and if they win, they can get the T-1 visa. The category is A16.
Non-Immigrants And Entrepreneurs From Treaty Nation can benefit from the various immigration and business opportunities. They benefit from access to international markets, increased visibility in the global economy, and potential tax incentives.
* Non-immigrants and entrepreneurs (exchange or trader investors) with a part of the treaty of trade with the US get their work permit in the category A17.
Special Class immigrants
A special immigrant is a noncitizen who qualifies for a Green Card (permanent residence) after meeting certain criteria. Depending on the classification, an employer or the noncitizen must file a petition with USCIS. To qualify, they must meet certain criteria with proper paperwork filed by either an employer or the noncitizen. With the help of a special immigrant visa, these individuals can start a new life in America.
1.The L-2 spouse of the L-1 intercompany transfer gets the A18 work permit. So the category is A-18.
2. What if somebody is in the United States and gets to become a witness or victim of a bad crime? If they help the police arrest the person, they can get a U visa. The U visa people may get a work permit. They get the work permit in the category A-19. Their spouse, their kids, their parents (if the main person is a minor or a sibling) get the category A-20.
3. People who arrive in the USA on the F1 student visa and their school allowed them to do the practical training (OPT). They can get their permit in the C03A category. This is valid pre-completion of their OPT, and Post-completion is C03B.
4. F-1 students offered campus employment for an international organization can do a work permit under C03.
5. People with an F-1 student visa who face severe hardship due to circumstances in their home country receive special consideration. They have to work. They can’t work. They have an extraordinary situation. Somebody at home maybe die, and there’s no breadwinner. If something terrible is happening, that’s forcing them to have to get a job in America and stay in school. So, there is a category like that. That’s C03(iii), that’s for F-1 students working off-campus in severe economic hardship situations.
6. C08 is for people who filed for asylum waited 150 days from the date they filed for asylum and then sent the I-765 form to the USDA and USCIS. Then they can get the approval; they get the C08 on their employment authorization. C08 is for people waiting for their asylum application interview.
- Applicants filing for a green card through marriage, family, VAWA, employment, adjusting status via registry, or the U visa are permitted to work while they await their green card interview and decision. The relevant code for this is C09.
- The C31 code applies to individuals approved under VAWA. These are people who have demonstrated that they were in a genuine marriage with a US citizen or green card holder and suffered abuse from their spouse. If they can prove the legitimacy of the marriage, abuse, and their good moral character, their VAWA application gets approved. This allows them to obtain a work permit under the C31 category.
- The C33 work permit authorization code corresponds to the section of law for individuals approved for Deferred Action for Childhood Arrivals (DACA). These individuals come to the United States before the age of 16, who have resided here for a specific duration as defined by law. They must have attended school here or obtained a GED. Through the C33 section, they can secure a work permit and legal status, protecting them from deportation. This “deferred action” refers to the temporary postponement of potential deportation for a few years.
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