As a general rule, state law and state licensing boards govern the eligibility
requirements for professional licenses, including immigration status. However,
federal law prohibits undocumented immigrants from obtaining professional licenses, unless a state specifically enacts legislation that permits an undocumented
immigrant to obtain a professional license. Currently, ten states, including
the state of California, allow some populations of undocumented immigrants
to become professionally licensed in all or some occupations. For example,
in California, undocumented immigrants can get any of 40 professional
licenses available under state law so long as they meet all other eligibility
requirements, and they can produce a federal individual Taxpayer Identification
Number (ITIN) rather than a Social Security number (SSN). Other states’
laws about professional licensing for undocumented immigrants are generally
less expansive than California’s law. For example, Florida and Illinois
allow participants in the Deferred Action for Childhood Arrival (DACA)
program to become licensed to practice law, although this may change with
the upcoming demise of the DACA program. Wyoming also no longer requires
that applicants for law licenses be U.S. citizens. New York allows teacher
licenses and certifications for DACA recipients, and Nebraska allows DACA
recipients to obtain all professional and commercial licenses. Nevada
allows undocumented immigrants to obtain teaching licenses, South Dakota
allows dentist licenses, and Utah allows occupational therapist licenses.
Many states permit the professional licensing of undocumented immigrants
in order to address occupational shortages, boost their economies, benefit
from educational investment, and promote self-sufficiency for the immigrant
population. States benefit from an economic perspective from the payment
of local and state taxes; in 2014, undocumented immigrants in Texas in
various industries contributed almost one billion dollars in state and
local taxes from their employment. Professional licensing is only one
of the many challenges that impact undocumented immigrants living in the
U.S. Landerholm Immigration, A.P.C., knows federal immigration law and
has the experience to guide you through any type of deportation proceeding,
that you may be facing. We are familiar with the wide range of defenses
that are available to individuals facing deportation, and how to build
the strongest defense that is available to you, based on the evidence
relevant to your case. Contact your
California deportation defense lawyers
today, and discover what we can do for you.
Categories: