A green card is another term for you having permanent residency in the United States. If you are working or otherwise in the US legally, you may be in the process of getting your green card for several years. Once you have a green card, you are a permanent resident and assume many of the same rights as US-born citizens. You can work in the US while getting a green card under provisions governing US work permits, or “Employment Authorizations Documents” (EADs). You must have a current work visas in place while you are awaiting your permanent residency or green card as there is no green card work rights simply based on a green card alone.
Who Can Work in the US With a Pending Green Card?
There are several groups of people who are eligible for work visas, including those seeking asylum in the US, refugees, students seeking specific forms of employment, those who have temporary protected status, those married to American citizens, etc. These groups may be granted permission to work in the US while their permanent residency applications are pending.
What If You Get Laid off With a Pending Green Card Application?
If you have been laid off by your employer while your application for permanent residency, or your green card, is still pending, you need not fear immediate deportation or adverse effects on your application. If you have been laid off, you need to consider some important factors.
- Protect your interests and your green card application.
- Begin by getting a written letter proving your lay-off as soon as possible.
- Request that the letter explain that the reason you were let go has nothing to do with how well you were doing your job. Request that this letter have the tone of a “letter of recommendation” rather than a dismissal letter.
- The letter can include language like:
- How long you worked for them
- How pleased your employer was with your performance
- The reason for your employment not being terminated for performance concerns.
- A statement that you would not have been let go if the employer had any other options.
Getting Help
If you are laid off with a pending green card, it is important that you contact your immigration attorney immediately. He or she will be able to advise you about contacting the United States Citizens and Immigration Services (USCIS) to inform them of your situation. Your attorney will also assist you in locating new work-visa employment opportunities.
