USCIS to Deter Fraudulent Asylum Seekers from Obtaining Employment

 Posted on February 05, 2020 in Immigration

A division of the Department of Homeland Security, the United States Citizenship and Immigration Services (USCIS) is the federal agency that monitors lawful immigration to the United States. This includes the process that allows foreign nationals to work in the United States. Some of the opportunities are temporary, and some provide a path to a Green Card or lawful permanent residence (LPR) status. Recently, the USCIS proposed regulations to deter aliens from entering the country illegally by filing fraudulent or invalid applications for asylum in order to obtain U.S. work authorization.

Who Can Receive U.S. Employment Authorization?

The United States offers numerous employment opportunities in all kinds of industries. That is why many people who are from a foreign land wish to work in this country. To do so legally, a person must have one of the following:

• Permanent Resident Card (Green Card)
• Employment Authorization Document (work permit)
• Employment-related visa to work for a specific employer

What Will the Proposed Rule Do?

Under the proposed rule, the USCIS plans to enhance protections for those aliens with legitimate asylum claims. USCIS also seeks to prevent aliens with criminal records from obtaining employment authorization before their asylum applications are settled. The new rule aims to bolster the standards that permit an alien to be employed on the grounds of a pending asylum application.

Based on a presidential memorandum, the goal of the new rule is to increase border safety and restore integrity to the U.S. immigration system while denying benefits to those immigrants who do not qualify. Overall, USCIS proposes to do the following:

• Prevent aliens who entered the country illegally from securing employment based on a pending asylum application.
• Automatically terminate work authorization if an applicant’s asylum denial is final.
• Determine that an asylum applicant’s failure to appear for a mandatory appointment could lead to denial of his or her asylum and/or employment authorization application.
• Prohibit aliens who fail to apply for asylum within one year of entry from obtaining work authorization.
• Mandate that any alien convicted in the United States of a state or federal felony, or offenses such as domestic violence, child abuse, or DUI is ineligible for employment.

Contact an Illinois Immigration Attorney

Many foreign nationals want to come to the United States to start a new life. Regardless of the reasons for leaving their home countries, asylum seekers must enter the country lawfully. If you or your loved one has questions or concerns about any immigration issue, it is imperative that you seek professional legal counsel. Our informed Illinois immigration attorneys know the laws and the proper legal steps for obtaining U.S. work authorization. Call the Mevorah & Giglio Law Offices today at 630-932-9100 to schedule a free consultation.