Non-Citizen Statuses
Helping You Help Maine’s Non-Citizen Worker Population Navigate Their Immigration Status
Making Sense of Status
Please visit the USCIS website for more information on immigration status and the relevant legislation creating and enforcing each status.Below is a glossary of common terms related to immigration status.
Lawful Permanent Resident
Individuals who can live and work in the U.S. indefinitely. They do not need an employment authorization document (EAD) as their green card serves as proof of work authorization. Also known as “Green Card Holders”.
Refugees
Individuals that are admitted to the U.S. due to fear of persecution. They can work immediately and receive an EAD automatically upon entry.
Asylees
Individuals granted asylum in the U.S. can work immediately. If granted asylum affirmatively, they automatically receive work authorization, but those granted asylum by an immigration judge must apply for an EAD.
Asylum Seekers
Individuals applying for asylum in the U.S. must wait 180 days after filing their application before they can apply for an EAD
Temporary Protected Status (TPS)
Individuals from designated crisis countries receive TPS and can apply for an EAD to work in the U.S. during their designated protection period.
Deferred Action for Childhood Arrivals (DACA)
Individuals who receive protection from deportation and can apply for work authorization, but they must renew it periodically.
H-2A and H-2B Workers
Individuals who are temporary workers in agriculture (H-2A) or non-agricultural sectors (H-2B). They can only work for their sponsoring employer and for a limited time
Pending Adjustment of Status Applications
Non-citizens applying for a green card through adjustment of status can apply for an EAD while their application is pending.
Undocumented Workers
Individuals without legal status are not authorized to work, but some may qualify for deferred action or other forms of relief.