Working is a fundamental human right and a necessity. Immigrants come to the United States seeking better opportunities for their families, not to take jobs from others. It is a privilege to work with the proper immigration papers; with these, you can work anywhere and for anyone. But what happens if you work without authorization? I am Hillary Walsh, an immigration attorney and founder of New Frontier Immigration Law. In this article, I will talk to you about the consequences of working without permission and offer you ideas on how to handle this situation.
If you have a pending asylum application, you must wait 150 days before applying for a work permit. This leaves you six months without authorized employment. It is common for asylum seekers to work during this period as it is very difficult to survive without income.
For those without any pending immigration case, working without authorization is generally not a significant issue. If you are working to fix your status within the United States, unauthorized employment is usually a minor concern. Programs like T visas, U visas, and VAWA petitions typically waive this problem.
The biggest issue arises when you use someone else’s identity to work, especially if you claim to be a U.S. citizen. This includes using the name, Social Security number, or any other identity document of another person. This can lead to serious legal consequences, including charges of criminal impersonation. Always avoid using someone else’s documents.
Working with an Alias
Using an alias, or a made-up name, without claiming to be a U.S. citizen, is generally not a problem. It is a common practice among those awaiting their work authorization and is not considered a serious offense. It does not provide legal authorization to work, but it avoids the grave mistake of using someone else’s identity.
Obtaining an ITIN
An Individual Taxpayer Identification Number (ITIN) is an excellent tool for undocumented workers. It allows you to file your taxes and keep organized financial records without granting work authorization. Applying for an ITIN is recommended for those without a Social Security number.
Starting Your Own Business (LLC)
Forming an LLC is an excellent option for undocumented workers. By creating a business, you can legally offer services and receive payments through your company. This method helps avoid exploitation by employers and ensures fair wages. Whether you offer security services, cleaning, or any other service, an LLC allows you to operate legally.
Working without authorization in the United States is less problematic than it seems. It is important to seek legal and safe alternatives for working. Use available options like ITINs and forming an LLC to protect your rights. If you need help with your case, at New Frontier Immigration Law, we are here to help you find legal solutions and protect your rights. Contact us at (623) 552-5025.
