Can a person with TPS, traveling under TPS travel authorization guidelines, apply for a green card through labor certification?
It depends. First and most importantly, in these labor-certification-based green card cases, it is essential to determine whether the applicant has accrued unlawful presence in the country, specifically 180 days or more of unlawful presence.
If that is the case, regardless of whether the person left and reentered the United States lawfully using travel authorization, that person unfortunately may not be eligible for a green card based on labor certification.
If you are in the asylum process and also have a labor certification case and want to know your options for a green card, you can contact us.