Some of the most challenging issues faced by immigrants – documented, undocumented, asylees, and refugees alike – are related to finding employment.  The key to successful integration of newcomers into society rests upon their ability to find employment and support themselves and their families, yet many barriers can stand in the way of a steady income in America.  In many cases, the job market in Massachusetts may vary from the immigrant’s previous one, and skills may not always be transferable. Language barriers and illiteracy can also pose serious challenges for immigrants seeking self-sufficiency.  Furthermore, immigrants must navigate an unfamiliar legal system in order to obtain the right to work. While employment is clearly the cornerstone to success in America, an immigrant’s path to employment is often a major challenge.
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There are many obstacles asylum seekers might encounter while they await the adjudication of their asylum applications. A new regulation that is effective starting August 2020 severely restricts asylum seekers’ eligibility for work permits, while also increasing the waiting time for work permits. Federal law permits states to provide state-funded benefits to asylum seekers, but only about half of the states have extended benefits to that population.

Work Permits and Eligibility for Employment

As an asylum seeker, you may apply for a work permit (also called Employment Authorization Document or EAD) it is issued in the form of a small card, that proves an individual’s right to work in the U.S.
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                                New EAD Regulation- Effective August 2020
Department of Homeland Security states asylum applicants must now wait 365 calendar days from the date their asylum applications are received by USCIS or the Department of Justice, Executive Office for Immigration Review (DOJ-EOIR) before they may apply for an EAD. There is no fee to apply for your first EAD if you have a pending asylum application or if you have been granted asylum.
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Also included in the regulation:

• Limits the employment authorization validity period to a maximum of two years.
• Denys employment authorization for asylum seekers who file their asylum application after the one year filing deadline, unless granted an exception
• ​Prohibits employment authorization for applicants who have been convicted of certain crimes or who are “believed” to have committed a serious non-political crime outside the United States
• For more information on the new EAD Regulation visit click here
• ​For general information on what is an Employment Authorization Document click here

“While the majority of developed asylum-granting nations place certain limitations on the right to work for asylum seekers, the United States stands alone in denying both employment and governmental assistance” (Human Rights Watch, 2013).

Unemployment Benefits

Unemployment compensation is available to those who are legally authorized to work in the U.S., and who are temporarily out of work, without fault on their parts. From the Department of Unemployment Assistance: “If you’re out of work and able to work, you may be eligible for temporary income called unemployment insurance (UI). If you qualify, you receive weekly payments to help cover your living expenses while you search for new employment. The amount you receive is based on what you were paid in the last year.”
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To be eligible for unemployment benefits, you must:

• Have earned at least $4,700 during the last 4 completed calendar quarters, and 30 times the weekly benefit amount you would be eligible to collect
• Be legally authorized to work in the U.S.
• Be unemployed, or working significantly reduced hours, through no fault of your own
• Be able and willing to begin suitable work without delay when offered. 

Read more about eligibility criteria via Mass.gov here. You can apply for unemployment compensation online, by phone, and in person. For more information on filing for Unemployment benefits as a non-U.S. citizen, see here.

*The Department of Unemployment Assistance offers information in multiple languages, including Spanish, Portuguese, Haitian Creole, Chinese, Vietnamese, Russian, Khmer, Lao, Italian, French, Korean and Arabic.

Your rights as a worker in Massachusetts

If you are denied a job or are fired because you are not a U.S. citizen or lawful permanent resident, you may be the victim of unlawful discrimination. If you believe you have been discriminated against on the basis of being a non-U.S. citizen, you can contact the Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) at 1-800-255-7688 or 1-800-237-2515 (TDD for hearing impaired). You can read more about the Immigrant and Employee Rights Section, which enforces the anti-discrimination provision of the Immigration and Nationality Act, here.

If you work in Massachusetts, you have the right to fair wages, a safe workplace, workers’ compensation, and more. Read more about workers’ rights and safety in Massachusetts at mass.gov here. Even if you are an undocumented worker, certain labor rights, such as entitlement to workers compensation benefit if you are injured or become ill because of your job, may still apply to you. Visit MassLegalHelp.org for frequently asked questions.
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If you think your employer is breaking workplace laws, you can call the Massachusetts Attorney General’s Fair Labor Hotline at (617) 727-3465, or (617) 727-4765 for hearing-impaired individuals. Read more about employment and unemployment and seek legal representation at MassLegalHelp.org, and find legal aid via MassLegalServices here.

Legal Assistance and Additional Resources

If you need legal representation, you can use the following tools to find an immigration lawyer in Massachusetts who can help you.
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Use MassLegalServices’ Legal Resource Finder to locate lawyers who specialize in employment, taxes, or other specific fields.

The Immigration Advocates Networks lets you search for legal aid by state.

MassLegalHelp has also created a helpful list of trustworthy immigration specialists, as well as a list of self-help and informational manuals on immigration law.
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The Refugee Immigration Ministry (RIM) is an Interfaith Ministry whose purpose was to offer spiritual care in the detention facilities, but who has expanded their services to include English classes, job placement assistance, and other services. Visit their pages for an overview of programs available for asylum seekers.

Job Skills Training and Placement Services

The Boston Center for Refugee Health and Human Rights has Career Development Services they provide for refugees and asylum seekers as well as connections they can provide to further services. Such include:    

• Job Readiness Training
• Leadership Skills Academy
• Assistance with Recertification

Undochustle offers online courses to help refugees start earning income: by either working as an independent contractor or starting your own business. Which of these methods is right for you depends on where you are in life, what you want to do, and how you’d like to grow. Here you can learn how to leverage your skills, knowledge, and experience to generate income through contracting or business start-up opportunities.