As of May 4, the United States Immigration and Naturalization Service (USCIS) is issuing a proclamation extending the validity of work permits for up to 540 days. In other words, people who have expired work permits will automatically have 540 days after the expiration date to be authorized to work legally.
In order for you to prove that you are eligible to work legally, even if your work permit is expired, you must show the official proclamation at the following link to your employer:
Persons who are eligible to work under this proclamation cannot be terminated from their job for lack of legal documentation to work, as this is proof that the beneficiaries are authorized to work legally in the U.S.
Only certain categories of work permit applicants will benefit from this measure. The following is the list of work permit applicants who will benefit from this proclamation:
- N-8 or N-9.
- Citizen of Micronesia, Marshall Islands, or Palau.
- Suspension of deportation or removal granted * Temporary Protected Status (TPS).
- Temporary Protected Status (TPS) Granted.
- Spouse of an E principal nonimmigrant with an unexpired I-94 showing E1 nonimmigrant status * Spouse of E principal nonimmigrant with an unexpired I-94 showing E1 nonimmigrant status.
- Spouse of L-1 principal non-immigrant with an unexpired I-94 showing L-22 non-immigrant status.
- Pending asylum application.
- Pending adjustment of status under Section 245 of the Act.
- Applicants for suspension of deportation (filed before April 1, 1997) * Applicants for cancellation of removal (filed before April 1, 1997).
- Cancellation of Removal applicants.
- Special rule for cancellation of removal applications under NACARA * Creation of record (adjustment based on adjustment of status).
- Creation of registration (adjustment based on continuous residency since January 1, 1972)
- Pending initial TPS application where USCIS determines that the applicant is “Prima facie” eligible for TPS and can receive a work permit as a “temporary treatment benefit”.
- Section 210 Legalization (pending I-700)
- Section 245A Legalization (pending I-687)
- LIFE Legalization.
- Spouses of certain H-1B principal nonimmigrants with an unexpired I-94 showing H-4 nonimmigrant status * VAWA self-petition.
- VAWA self-petition.
For more information on this topic or if you need assistance in an immigration proceeding, you can contact us.
Jesus Reyes, Esq.