Employment Authorization.
In some situations, persons with non-immigrant status may receive employment authorization, even though their original status barred such activity. Eligibility for employment authorization will depend upon whether or not applicants are:
- authorized to work based upon status with an employer;
- authorized to work incident to status; or
- required to seek an authorization based upon status.
Those applicants who are authorized to work based upon their status with an employer are not required to file any separate employment authorization documents, while generally members of the other two categories are.
Examples of applicants who might be eligible for employment authorization incident to their status include fiancé(e)s of U.S. citizens or those who have received Temporary Protected Status. Those required to seek authorization based upon their status include applicants for adjustment, non-immigrant students seeking optional practical training directly related to their course of study or seeking off-campus employment due to severe economic hardship, applicants for asylum, spouses and children of diplomats and ambassadors, and some applicants under removal proceedings. Any immigration attorney in our Michigan office can assist you in seeking employment authorization.
