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Work Authorization under CBP One Entry

6/5/2023

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What are the options for obtaining a work permit for someone who entered the U.S. using the CBP One app?
Under the CBP One app, which is used primarily for processing appointments at U.S. ports of entry, individuals may be admitted into the U.S. under various statuses, such as humanitarian parole. If an  individual enters the U.S. through this mechanism and wishes to obtain authorization to work, there are a few potential pathways, but each depends heavily on their specific circumstances:

1. Employment Authorization Document (EAD) Application:
   If the individual is granted humanitarian parole, they may be eligible to apply for an Employment Authorization Document (EAD), provided their parole is for more than one year. This document allows them to work legally in the U.S. for a specific period.

2. Adjustment of Status:
   If circumstances change—such as marriage to a U.S. citizen or an offer of employment under certain visa categories (e.g., H-1B, if qualifications are met)—the individual might be able to adjust their status from parolee to a visa holder or lawful permanent resident, which typically includes work authorization.

3. Asylum Application:
   If the individual applies for and is granted asylum, they can apply for an EAD immediately after their asylum grant. Before the grant, they can apply for an EAD 150 days after submitting their asylum application, provided no decision has been made on their application within 180 days.

4. Special Programs:
   Occasionally, specific programs or provisions may allow individuals from certain countries or in certain situations to apply for work permits. These programs can change based on legislative or executive actions, so it's important to stay informed about current options.

Each of these pathways has specific eligibility requirements and procedural steps. An immigration lawyer or a qualified advisor can provide tailored advice and assistance with applications to ensure compliance with U.S. immigration laws and regulations.
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