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1992 Constitution: Indemnity clause, Ex-gratia, etc... Do we still need these?
Since the launch of Documented’s WhatsApp channel two years ago, thousands of undocumented Spanish-speaking undocumented workers have subscribed to receive our Spanish newsletter, Documented Semanal, and shared concerns about topics that are important to them. One of the questions that we have been asked often is how can an undocumented person work in the United States? As usual, the answer is not simple.
Federal law requires an immigrant to have an Employment Authorization Document (EAD), or work permit, to lawfully work in the states– a document that undocumented immigrants do not have due to their immigration status. Other classes of immigrants, while admitted to the U.S., are also not permitted to work. Tourist Visa holders are one example.
When hiring, employers are also required to verify the eligibility of the prospective worker by using the form I-9, which determines if an employee is permitted to work in the country by examining an EAD or Green Card, which makes it unlikely for an unauthorized worker to get hired.
However, to sustain themselves, undocumented workers have recurred to work in the cash economy– also known as under the tables, off the books.
We spoke with experts on immigration law and labor laws to learn about the venues for obtaining a work permit in the U.S., as well as the rights of undocumented workers.
The information in this article is solely for informational purposes only and does not constitute legal advice. For legal assistance please see...
1992 Constitution: Indemnity clause, Ex-gratia, etc... Do we still need these?