Can Undocumented Immigrants Get a Work Permit in Colorado? An Immigration Attorney Explains
For undocumented immigrants living in Colorado, the ability to legally work is more than a matter of income—it’s a path toward greater stability and security for themselves and their families. However, obtaining a work permit as an undocumented immigrant in the United States involves complex immigration laws and procedures. While Colorado is considered a state that supports immigrant communities through various initiatives, it is federal immigration law that ultimately determines eligibility for employment authorization.
Immigration issues can significantly affect undocumented immigrants’ ability to work and access essential services in Colorado. This article examines whether undocumented immigrants can receive a work permit in Colorado, what pathways might be available, and how an immigration lawyer can assist with these sensitive and important matters.
If you’re undocumented and unsure whether you qualify for a work permit, don’t navigate the process alone. Call Anzen Legal Group today at 970-893-8857 to schedule a confidential consultation with an experienced Colorado immigration attorney who can help you understand your options and protect your future.
What Is A Work Permit?
Work permits are a vital component of immigration law, granting foreign nationals the legal right to work in the United States. Navigating the process of obtaining a work permit can be complex, as it involves strict compliance with federal regulations and detailed documentation. As experienced immigration lawyers, we can provide valuable guidance throughout this process, helping individuals understand their options and ensuring that all requirements are met.
In Fort Collins, Colorado, the immigration attorneys at Anzen Legal Group offer legal representation and counsel for those seeking work permits, whether for initial applications, renewals, or addressing denials. By consulting with an immigration lawyer, individuals can receive tailored advice and support, making the process more manageable and increasing the likelihood of a successful outcome. Understanding the nuances of immigration law and the types of work permits available is essential for both employers and employees, and professional legal counsel can make all the difference.
Understanding the Federal Framework: Who Can Get a Work Permit?
The authority to issue work permits, formally known as Employment Authorization Documents (EAD), lies with the United States Citizenship and Immigration Services (USCIS), a division of the U.S. Department of Homeland Security. Generally, only non-citizens with lawful immigration status or those who fall within specific categories may qualify for an EAD. Some of these categories include:
- Asylum seekers and those granted asylum
- DACA recipients (Deferred Action for Childhood Arrivals)
- Temporary Protected Status (TPS) recipients
- Individuals with pending adjustment of status (green card applicants, including those seeking green cards, which can lead to permanent work authorization)
- Spouses of certain visa holders (such as H-4 or L-2 visa spouses)
- Applicants for cancellation of removal or those with approved U visa or T visa applications
Undocumented immigrants, by definition, do not have a lawful immigration status. Therefore, they typically do not qualify for a work permit—unless they fall into one of the categories above or are pursuing a legal immigration remedy that allows for work authorization during the application process.
Are There State-Level Options for Work Authorization in Colorado?
While individual states like Colorado can create policies that support undocumented individuals in areas such as education, driver’s licenses, or in-state tuition, they do not have the power to authorize employment independently of federal law. In other words, no state—including Colorado—can issue a work permit that overrides federal immigration law.
However, Colorado has taken steps to support undocumented immigrants in other ways, such as through the Colorado Road and Community Safety Act (CO-RCSA SB251), which allows individuals to apply for a driver’s license regardless of immigration status. Although this does not relate directly to employment, it reflects Colorado’s broader approach toward supporting immigrant communities. Additionally, some city governments in Colorado have developed programs to provide legal services and support for residents facing immigration challenges, ensuring that eligible residents can access assistance specific to their city.
Pathways to Work Authorization for Undocumented Immigrants
There are several federal immigration processes that may eventually lead to lawful work authorization for undocumented immigrants. Many of these pathways involve affirmative cases, where individuals submit applications or petitions to seek immigration benefits. These include:
Deferred Action for Childhood Arrivals (DACA)
DACA protects certain undocumented individuals who were brought to the U.S. as children from deportation and allows them to apply for a renewable work permit. To qualify, applicants must meet specific criteria, including arrival before age 16 and continuous residence in the U.S. since June 15, 2007.
It is important to note that new DACA applications are currently on hold due to ongoing federal litigation. However, those with current or expired DACA status may still renew their work permits.
Temporary Protected Status (TPS)
TPS is granted to individuals from designated countries experiencing armed conflict, natural disasters, or other temporary conditions. Those granted TPS may apply for a work permit for the duration of their protected status.
Asylum Applications
Individuals who apply for asylum may become eligible for a work permit 150 days after submitting a complete asylum application (Form I-589), assuming no delays are caused by the applicant. Individuals may qualify for asylum if they face persecution based on race, religion, nationality, political opinion, or membership in a particular social group that is marginalized in their home country. If asylum is granted, the person may continue to live and work in the U.S. legally and pursue permanent residency.
U Visas and T Visas
U visas are available to immigrants who experienced mental or physical harm from being victims of certain crimes in the United States and who cooperated with the investigation and/or prosecution of the crime. If you were a victim of a crime such as aggravated assault, robbery, sexual assault, or domestic violence in the United States, you might qualify for a U Visa. T visas are available to victims of human trafficking. Individuals with approved petitions in these categories may apply for work authorization.
Adjustment of Status
Individuals applying for lawful permanent residency (green card) through family, employment, or other qualifying grounds may be eligible for a work permit while their applications are pending.
Cancellation of Removal
Certain undocumented immigrants in removal proceedings may request cancellation of removal if they meet specific requirements, including demonstrating continuous residence in the U.S. for at least 10 years and showing that removal would cause exceptional hardship to a U.S. citizen or lawful permanent resident relative. If granted, the applicant can become a lawful permanent resident and obtain work authorization.
Can I Obtain A Work Authorization Through Family-Based Immigration?
Family-based immigration is one of the most common pathways to lawful permanent residency and work authorization in the United States. Immediate relatives of U.S. citizens—including spouses, children, and parents—may be eligible to apply for a green card, which grants permanent residency and the right to work. Other family members may also qualify for work authorization through preference categories under family-based immigration.
As immigration lawyers with decades of legal experience, we can help families navigate the often-complex process of applying for a green card, ensuring that all necessary documentation is submitted and eligibility requirements are met. By working with an attorney, family members can determine the best immigration options for their unique circumstances and receive guidance on each step of the process. Whether you are a parent, child, or spouse of a U.S. citizen, understanding your rights and options under family-based immigration is crucial for achieving permanent residency and work authorization.
How Do I Build a Strong Immigration Case To Obtain A Work Permit?
Successfully obtaining a work permit, green card, or citizenship often depends on building a strong immigration case. This requires careful preparation, thorough documentation, and a deep understanding of immigration law. An immigration lawyer can assist individuals and families in gathering the necessary evidence to support their case, from personal records to supporting affidavits.
In situations involving deportation defense, legal representation in immigration court is essential to advocate for the client and present a compelling case for relief. By working closely with an attorney, clients can ensure that their rights are protected and that their case is presented as effectively as possible. Whether you are seeking to remain in the country, defend against deportation, or pursue citizenship, a well-prepared immigration case is key to achieving success in the complex legal landscape of U.S. immigration law.
Why Are Work Permit and Visas Commonly Denied?
Work permit and visa denials can be a significant setback for individuals and families hoping to live and work in the United States. Some of the most common reasons for denials include submitting incomplete or inaccurate applications, failing to meet eligibility requirements, and not providing sufficient evidence or documentation.
As experienced immigration lawyers, we can help clients identify and address potential issues before submitting an application, greatly reducing the risk of denial. If a denial does occur, our dedicated immigration lawyers can guide clients through the appeals process and help them understand their options under immigration law. By being aware of the common pitfalls and working with an experienced immigration lawyer, individuals and families can improve their chances of a successful application and avoid unnecessary delays or complications.
Limitations and Considerations
Even when eligible for a pathway to legal status or relief, undocumented immigrants face several challenges, including:
- Delays in processing applications
- Changing federal policies and legal uncertainty
- Risk of removal proceedings
- Complex evidentiary requirements
It is critical to avoid misrepresenting information or using fraudulent documents to gain employment, as doing so can negatively affect future immigration cases. Achieving lawful status or citizenship can provide important legal protections against removal and other immigration consequences.
The Role of an Immigration Work Permit Attorney
A work permit immigration attorney can help determine if a client qualifies for any form of relief that may lead to a work permit. Legal assistance may include:
- Evaluating eligibility for U Visa, asylum, or TPS
- Preparing family-based immigration petitions
- Representing clients in removal proceedings and advocating for clients before a judge in immigration court
- Assisting with business immigration matters, including employment-based visas and compliance
- Filing work permit applications (Form I-765)
- Providing legal advice tailored to unique circumstances
Attempting to apply for immigration benefits without guidance can lead to costly mistakes. An experienced immigration law firm can help clarify whether a person may be eligible for lawful work authorization based on current U.S. immigration law.
Fort Collins and Colorado Immigration Resources
Fort Collins and Northern Colorado are home to a variety of resources designed to support individuals and families navigating immigration law. Local non-profit organizations offer legal services, educational programs, and community support to help immigrants achieve their goals, whether that means obtaining a work permit, green card, or citizenship.
Experienced immigration lawyers in the area provide personalized legal representation, guiding clients through each step of the process and advocating for their best interests. In addition to legal services, community organizations offer language classes, job training, and cultural orientation to help newcomers integrate and succeed. By taking advantage of these resources and working with a dedicated work permit attorney, individuals and families in Fort Collins and Northern Colorado can overcome challenges, access vital support, and build a brighter future in the United States.
Frequently Asked Questions (FAQ) About Obtaining Work Permits
Can I apply for a work permit if I am undocumented but married to a U.S. citizen?
Possibly. If your spouse files an immigrant petition on your behalf and you are eligible to adjust status, you may apply for a work permit while your green card application is pending. Eligibility depends on how you entered the U.S. and whether you are eligible for adjustment of status or require a waiver.
Is it legal to work without a permit in Colorado if I’m undocumented?
No. Federal law requires all employees to have valid authorization to work in the U.S. Employers must complete Form I-9 and verify identity and employment eligibility.
Can I get a work permit while waiting for my asylum application to be processed?
Yes. You can apply for a work permit 150 days after filing a complete asylum application. You must not have caused any delays in the case and must wait at least 180 days before the work permit can be approved.
Does Colorado offer any state-based work permits?
No. Work permits are governed solely by federal immigration law. Colorado does not have the authority to issue work authorization independently of the federal system.
Can I apply for DACA now if I’ve never had it before?
At this time, USCIS is not processing new DACA applications due to pending litigation. However, current DACA recipients can still apply for renewal. This could change in the future depending on court decisions and federal policies.
Will getting a work permit protect me from deportation?
Not necessarily. A work permit is tied to a specific immigration status or pending application. If the underlying status or application is denied or revoked, the work permit may no longer be valid. Deportation relief depends on other factors, such as whether you are in removal proceedings or eligible for deferred action.
Can children of undocumented immigrants apply for work permits?
Not based solely on their parents’ status. However, children who qualify under DACA or other immigration relief options may apply for a work permit in their own right, depending on the circumstances.
Contact Anzen Legal Group for Help With Immigration Matters
Immigration law is complex and constantly evolving. If you or a loved one are undocumented and want to know whether you may qualify for a work permit or other legal status, the team at Anzen Legal Group is here to help. Our dedicated immigration attorneys can assess your situation and identify potential legal options for work authorization or long-term relief.
Contact our office today at to schedule a consultation and learn more about how our immigration law firm can support your case with thoughtful and thorough legal representation.
