Immediate Work Authorization for Legal Immigrants Entering Under Asylum, Hardship, or Other Humanitarian Grounds

Let’s face it. If we’re going to let people come into this greatest country in the world, they need to learn to be self sufficient.

Federal Policy: Immediate Work Authorization for Legal Immigrants Entering Under Asylum, Hardship, or Other Humanitarian Grounds

Objective:
To ensure all legal immigrants who enter the United States under specific humanitarian conditions (such as asylum or hardship) are immediately granted work authorization to promote economic self-sufficiency and integration.

Scope:
This policy applies to all immigrants who legally enter the United States with non-tourist, non-business-related status, including but not limited to individuals:

Seeking asylum.

Undergoing humanitarian parole.

Entering under refugee status.

Approved for hardship waivers or related humanitarian relief.

Policy Provisions:

  1. Eligibility for Immediate Work Permit
    a. Any immigrant entering the United States for humanitarian reasons (excluding those admitted solely for travel or tourism) will be eligible for a work permit on their first day of legal entry.
    b. Eligibility criteria will be verified at the port of entry by designated immigration officials.

  2. Application and Issuance of Work Authorization
    a. Work permits will be issued by the United States Citizenship and Immigration Services (USCIS) in coordination with the Department of Homeland Security (DHS) and the Department of Labor (DOL).
    b. The application process for a work permit will be initiated upon arrival and will require minimal documentation, including proof of legal entry and identification.
    c. A streamlined process will allow temporary work authorization cards to be issued on-site or digitally upon verification of legal entry, valid for up to 90 days, while a formal work permit card is processed and mailed to the immigrant’s U.S. address.

  3. Duration and Renewal
    a. Work authorization will remain valid for the duration of the individual’s authorized stay in the United States.
    b. Individuals may renew their work permits if they obtain extensions to their authorized stay or secure a pathway to permanent residency or citizenship.

  4. Employment Rights and Protections
    a. Individuals with work permits under this policy will have the same rights, protections, and obligations as any other employee under U.S. labor laws.
    b. The Department of Labor will work with local agencies to provide educational resources about workplace rights, fair wages, and legal recourse for all work permit holders.

  5. Funding and Implementation
    a. Funding for this policy will come from allocations within the DHS and DOL, potentially supplemented by a modest fee assessed on employment-based immigration petitions to support processing and administration costs.
    b. Migrants who are unable to afford the cost of the work permits and associated fees upon entering the U.S. will have the option to repay these costs through an automatic payroll deduction system. These fees will be deducted at a rate of 1.5% from their paychecks until the debt is paid in full, with a maximum repayment cap of $2,000.
    c. This policy will also leverage digital systems and technology to expedite processing at ports of entry, minimize administrative burdens, and track work permit applications and repayment status.

  6. Reporting and Compliance
    a. The DHS will compile an annual report on the number of work permits issued under this policy, including employment outcomes and compliance metrics.
    b. A dedicated task force within USCIS will ensure proper documentation, oversight, and quick responses to potential abuse or exploitation of immigrants in the workplace.

  7. Review and Adaptation
    a. This policy will undergo a formal review every 2 years to assess effectiveness and make necessary adjustments based on feedback from stakeholders, immigrants, and enforcement agencies.
    b. Adjustments will focus on improving access, enhancing security, and ensuring the policy meets the economic and humanitarian needs of immigrants and the nation.

Effective Date:
This policy will take effect 90 days after the date of enactment.

1 Like

I would suggest the addition of family-based visas to this policy suggestion. Those who enter on a fiance or spousal visa also are not allowed to work for a significant period of time until their status changes. This places undue stress on the legal immigration process, which is challenging enough already with many uncertainties.