27 September 2024
Navigating the complexities of immigration law can be overwhelming, especially for individuals on Temporary Protected Status (TPS). With constant changes and legal challenges, TPS offers limited stability. However, by securing a non-immigrant work visa, TPS holders can gain more control over their futures and open doors to permanent residency.
At VKM Law Group, we understand the unique challenges that TPS recipients face. Our expert immigration attorneys can guide you through the available options to ensure you have a clearer, more secure path forward. Here’s why now is the time to explore these options:
Why Non-Immigrant Work Visas are Key for TPS Holders
TPS has built-in uncertainties. As the name suggests, it is a temporary measure. The program requires periodic renewals, and a sudden policy change could jeopardize your status and work authorization.
That’s why securing a non-immigrant visa—such as an H-1B, L-1, or O-1—can be a game-changer for TPS holders. These visas provide not just stability but also a pathway to employment-based green cards, like the EB-1 (extraordinary ability), EB-2 (advanced degree holders or National Interest Waivers), and EB-3 (professionals, skilled, and other workers). With the right legal support, your options are far broader than you might realize.
Understanding the Barriers: Continuous Lawful Status and Admission
TPS recipients often face two major obstacles:
- Lack of continuous lawful non-immigrant status
- Lack of valid inspection and admission into the U.S.
However, with the right legal strategy, these barriers can be overcome.
Unlike DACA, TPS provides lawful non-immigrant status. However, many TPS holders lack continuous lawful status since their first entry. For instance, having a pending asylum application or overstaying a previous visa does not count as lawful non-immigrant status.
A powerful tool available to TPS holders is the ability to erase prior unlawful entry or lack of status by obtaining a travel document similar to advance parole and re-entering the U.S. Re-entry with such a document is considered lawful inspection and admission, which is crucial for future immigration options.
Our recommendation: While TPS status can be precarious due to its temporary nature, obtaining a non-immigrant visa like H-1B or L-1 provides a safety net. This not only ensures lawful entry but can also pave the way to a green card through employment-based categories. VKM Law Group can help you navigate these complexities, ensuring you don’t leave anything to chance.