Can I work in USA with TPS?

Navigating the U.S. Workforce with Temporary Protected Status (TPS)

Temporary Protected Status (TPS) offers a lifeline to individuals already present in the United States who are nationals of designated countries facing ongoing armed conflict, environmental disasters, or other extraordinary and temporary conditions that prevent their safe return. One of the most vital benefits of TPS is the ability to legally work in the U.S.

While having TPS significantly eases the path to employment, understanding the nuances is crucial for both the TPS holder and their prospective employer. Let’s break down how TPS holders can navigate the U.S. workforce.

TPS Grants Work Authorization:

The core takeaway is that Temporary Protected Status does grant work authorization. This is a fundamental right afforded to those granted TPS, allowing them to contribute to the U.S. economy and support themselves and their families.

The I-9 and Proof of Eligibility:

When starting a new job, all employees in the United States, including TPS holders, must complete the I-9 form, the Employment Eligibility Verification. This form is used to verify an employee’s identity and legal authorization to work in the U.S.

While a separate Employment Authorization Document (EAD) isn’t automatically required for TPS holders, it’s important to understand this carefully. While the government may extend the validity of existing EAD cards associated with TPS designations (through Federal Register Notices, for example), employers still need proof of your eligibility to work.

Therefore, even if a separate EAD card isn’t currently mandatory because of an extension, a TPS holder still needs to provide acceptable documentation to satisfy the I-9 requirements. Acceptable documents can include:

• A foreign passport with Form I-94 or I-94A indicating your TPS status or a notice from USCIS granting you TPS.
• A combination of documents: Refer to the I-9 form instructions for a complete list of acceptable documents. These combinations might include documents proving identity and authorization to work. It’s always best to consult the most recent instructions on the USCIS website.

Why the EAD Card is Still Beneficial (and Often Recommended):

While a direct EAD may not always be mandatory if an extension is in place, having a valid EAD card that specifically states “Authorized to Work” can simplify the I-9 process. It provides a clear and unambiguous document demonstrating your work eligibility, potentially avoiding confusion or delays with employers unfamiliar with the intricacies of TPS regulations. Many employers are more comfortable seeing the physical card, making the application for (or extension of) an EAD often the most practical approach.

Maintaining TPS is Paramount:

The most important factor in maintaining work eligibility is consistently maintaining your TPS. This means adhering to all requirements for re-registration during each designation period. Failure to re-register on time or violating the terms of your TPS could jeopardize your status and, consequently, your ability to work legally in the U.S.

Key Takeaways for TPS Holders Seeking Employment:

• Know Your Rights: Understand that TPS grants you the legal right to work in the United States.
• Gather Your Documents: Ensure you have the necessary documents to satisfy the I-9 requirements, including your foreign passport with appropriate endorsements, notices from USCIS, and ideally a valid EAD.
• Stay Informed: Stay updated on the latest USCIS guidance regarding TPS designation extensions, EAD validity, and I-9 requirements. The USCIS website (www.uscis.gov) is the best resource.
• Consult an Immigration Attorney: If you have any questions or concerns about your TPS status or work authorization, consult with a qualified immigration attorney.

By understanding the rules and requirements associated with TPS, beneficiaries can confidently navigate the U.S. job market and contribute their skills and talents to the country. Remembering to diligently maintain your TPS status is the single most important factor in preserving your work authorization.

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