Work permits and labor rights explained.
Many immigrant youth who obtain Special Immigrant Juvenile Status (SIJS) wonder whether they can work legally in the United States while waiting for residence. The answer depends on the stage of the case, but the most important thing to understand is that juvenile status can open the door to a future with rights and labor stability.
1. What SIJS is and what benefits it offers
SIJS is an immigration benefit created to protect youth under 21 who were abandoned, abused, or neglected by one or both parents. Once approved by USCIS, this status not only protects against deportation but also allows the young person to apply for permanent residence, or a green card. However, obtaining SIJS does not automatically grant a work permit. That is an additional step handled through a separate form.
2. When can a young person with SIJS obtain work authorization?
There are two main scenarios. First, after filing the permanent residence application, adjustment of status through Form I-485, the young person can include the work permit application, Form I-765. If USCIS approves the permit, the young person receives an EAD, can work legally, obtain a Social Security number, and begin building a work history. Second, if the young person cannot yet apply for residence, the person may have to wait because of visa availability limits by country of origin. During that period, the young person still cannot receive a work permit, even if immigration status is protected, and cannot work legally until USCIS allows the process to move forward.
3. What labor rights does a young person with a work permit have?
Once the young person obtains an EAD, they have the same labor rights as any other worker in the United States, including the right to receive at least the applicable minimum wage, to be paid for all hours worked including overtime when required, to work in an environment free of discrimination or harassment, to access workers’ compensation insurance after a workplace accident, and to request a Social Security number and file taxes correctly. These rights do not depend on prior immigration status, but on having valid employment authorization.
4. What happens if a young person works without permission?
Many immigrant youth work without permission because of economic need, but doing so can create immigration risks or complicate future applications if not handled correctly. It is recommended to consult with an immigration attorney before accepting any job. An attorney can evaluate whether other legal options, such as DACA, TPS, or temporary permits, may allow work safely while waiting for residence.
5. A step toward independence
SIJS does not only offer protection from deportation; it also represents an opportunity to begin a new life. Obtaining a work permit is a key step that allows young people to become independent, study, support their families, and build a dignified future. Every case is different, but with the right guidance, many young people transform a story of abandonment into a story of hope and stability.
A young person with SIJS can work legally, but only after obtaining a work permit authorized by USCIS. This process requires patience and professional support, but it marks the beginning of a stage in which the young person can fully exercise labor rights and develop safely in the United States.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Every case is unique. Consult an immigration attorney for personalized guidance before making any legal decision.
