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TPS and Labor Certification

You should know that the United States is interested in having qualified personnel, that is why the entry of immigrant talent is favored, so that you can benefit and later obtain your residency through a job, keep reading.

Temporary Protected Status Labor Certifications

The labor certification is something that you must do as long as you have a sponsor, because the TPS automatically does not take you to the residence or the asylum, the labor certification can take you to the residence. In the TPS registration process, you can request a Labor Certification, also known as an employment authorization document (EAD).

If I apply for TPS I can get a labor certification

For workers who apply for an offer with the TPS approved, they have to obtain a work certificate living in the US, being able to demonstrate your TPS, this will favor you for asylum and subsequently modify the status for residence; That is why we always recommend applying for TPS, because it is consistent with the pending asylum and labor certification.

If I have asylum in court and a sponsor, I can request labor certification

Remember! In this case, time is an enemy, depending on when they give you the appointment and if there is a difference of days between the court hearings, you run the risk of being deported before the TPS work is approved, in which case you will not be able to return to the United States within 5 years. This would make your employer lose interest in giving you the job offer.

In this case you can request voluntary departure, so you can avoid having to stay outside the country.

How to obtain a certificate to work in the US legally If I have TPS

To obtain Labor Certification with TPS, the first thing to do is:

  • Obtain a labor certification (PERM), which the employer must request from the government, with the objective of proving that it made legal efforts to recruit an American to fill the position, otherwise if there was no national, the immigrant could take the job.
  • The second is to request an I-140 immigrant petition after the PERM is approved.
  • And the third is that they apply for residency.

Remember that it can only be done while living in the US, when the applicant has maintained legal nonimmigrant status at all times. Otherwise, a consular process must be carried out to achieve this and an immigrant visa must be stamped through the American embassy in your country.

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