How to Fill Out a Job Application if You Don't Have a Legal Status

Federal immigration law requires all employers to hire only workers who are authorized by the government to work in the U.S. As a result of this requirement, employers must verify the identity and work eligibility of every employee. All employees must complete an I-9 Form, or Employment Eligibility Verification Form, within three days of starting their jobs. The I-9 Form lists the documents that you can use to verify your identity and work eligibility. You, not your employer, are entitled to choose which documents you produce with the I-9 Form. The employer also can ask you to re-verify your identity and work eligibility in some situations. Even if you don’t have a legal immigration status, there are some situations in which you may be able to legally work. For example, if you are in one of the following categories, you may be able to apply for an Employment Authorization Document (EAD), which is the document makes you eligible to work in the U.S.: • Refugees • Asylees and asylum seekers • Students • Individuals with Temporary Protected Status (TPS) • Fiances and spouses of U.S. citizens • Dependents of foreign government officials If you have a work permit that will expire, you should ask for an extension of your work permit at least 90 days before its expiration. If you don’t receive your work permit from the government within 90 days, you may be entitled to work authorization for 240 days. In some cases, an expired work permit or a receipt for your request for an extension of your work permit may serve as valid work authorization. You should be aware that if the government or immigration authorities request an employer to turn over your employment eligibility information, the employer is required to do so. If the employer keeps copies of its employees’ I-9 Form documents, he or she also much turn them over to immigration if requested. If you don’t have a social security number because you have no legal immigration status, you should apply to the Internal Revenue Service (IRS) for an Individual Taxpayer Identification Number (ITIN). This is a number that you can use to report income and pay taxes. Landerholm Immigration, A.P.C. is an Oakland immigration law firm who has dedicated their practice to protecting the interests of immigrants who are seeking to remain in the U.S. and facing potential deportation. We are prepared to build the strongest case possible in order to defend you against deportation. Contact us today to set up your legal consultation and discover what assistance we can offer to you and your family.