Can undocumented immigrants get a work permit in New Jersey?
Immigrants without legal status can now obtain professional and occupational licenses in New Jersey as long as they meet all other requirements under a bill signed into law Tuesday by Gov. Phil Murphy.
Employers are prohibited from hiring undocumented immigrants. However, this violation occurs regularly. Once an employer hires an illegal worker, the undocumented immigrant is protected by state and federal labor laws.
It is given to specific classes of immigrants — like DACA recipients and asylees, for example — for a certain period of time, and has to be renewed. To obtain an EAD, an individual can file form I-765, Application for Employment Authorization. Unfortunately, undocumented immigrants cannot apply for a work permit.
- Proof of address.
- ITIN number.
- Sworn statement that the requirements for obtaining a Social Security Number (SSN) are not met.
- Passport of the country of origin.
- Meet 6 identification points.
Young workers can get a blank employment certification (form A300) online at nj.gov/labor (click on Wage & Hour, then General Information, and then Child Labor) or from their local school district.
All workers, including those who are undocumented, have the same basic employment rights as other workers, regardless of their immigration status. There are several different laws which provide for these rights.
Foreign nationals who engage in unauthorized employment can face serious consequences, including deportation. While officials may in select cases forgive unauthorized work, it is best not to take the risk even if you don't plan on pursuing permanent residency or citizenship in the U.S.
Demographics | Estimate | % of Total |
---|---|---|
Unauthorized Population | 440,000 | 100% |
Top Countries of Birth | ||
Mexico | 82,000 | 19% |
India | 55,000 | 12% |
Rights and Protections of the Undocumented Worker
Undocumented workers are entitled to minimum wage, overtime pay, breaks and tips and are protected under health, safety, and anti-discrimination laws as well (“Undocumented Workers' Employment Rights,” n.d.).
- Green Card through Marriage to a U.S. Citizen or LPR.
- DREAMers Green Card through Employment with LIFE Act Protection.
- Asylum Status.
- U Visa for Victims of Crime.
- Registry.
Can you be deported if you marry an illegal immigrant?
The short answer is no. Marriage alone won't stop deportation or prevent you from being deported in the future.
All sponsors must be U.S. citizens or permanent residents, be at least 18 years old, and be living in the United States (including territories and possessions) when they file the affidavit of support. When and how do I file the affidavit of support? You do not need to file it with your I-130 petition.

To be eligible for a New Jersey driver's license or renewal, non-citizens who are legally in the country but not permitted to work and do not have a Social Security card should go to their nearest Social Security Office with the documents from the INS that establish their legal status in the United States.
Illegal immigrants can buy car insurance. However, undocumented immigrants must have a driver's license. Most auto insurance companies don't need a Social Security Number (SSN) for you to get a policy.
If you have never been licensed and don't have a student learner's permit, you must get the examination permit before you are eligible to get your license.
You may subject yourself to penalties and/or fines of up to $500./day until permits are issued. You may temporarily bypass the Township Planning and Zoning departments, but if caught, before a permit can be issued you will need zoning approval, and you may need a variance or Planning Board approval.
Hickey said the whole process involves five steps and if done correctly, it can be completed within 24 hours, so long as the teen's medical record is on file with the school. The process starts with the minor seeking out a job and obtaining working papers, usually from their school.
Minors must be at least 14 years old to work in New Jersey, with the exception of employment in agricultural work (which includes nursery work and the care of livestock), newspaper delivery, and theatrical occupations. Child labor laws no longer apply when minors reach the age of 18.
There are no provisions in US immigration law that allow an illegal immigrant to change status to a legal immigrant or legal resident (Green Card) based on time spent in the United States.
Working in the US without a valid work permit is not only illegal but can also have serious consequences. To comply with the rules and regulations of the US for working as a foreign national, you must be aware of all the necessary requirements and obtain proper authorization before starting any employment.
Can you work at Walmart with an ITIN number?
Can you work in the U.S. with an ITIN number? Employers cannot legally hire individuals as employees unless they have a valid SSN.
- Community gardening.
- Sewing and tailoring.
- Laundry services.
- Personal care.
- Sellers in various shops.
- Home clean.
- Car cleaning.
Countries like Mexico that have a strong relationship with the United States may allow immediate deportation, while others have a lengthy process that can take up to 90 days. There are even a handful of countries that do not accept deported immigrants, in which case the illegal alien may not be deported at all.
Under The Protection Of The LIFE Law
Those undocumented immigrants who have a good level of education and are classified as “Dreamers”, will be able to obtain a Green Card if they have an employer sponsor willing to request a petition on their behalf.
More than in other states, immigrants to New Jersey tend to be highly educated, making it likely that the impact is actually positive. Immigrants bring in almost one-quarter or 23 percent of all earnings statewide. Foreign- born entrepreneurs own one-fifth of the businesses in the state.
An immigration permission in the form of a visa will be required for anyone else who wishes to come and work in Jersey. Certain nationalities require visas regardless of the purpose of their stay in Jersey. All nationalities require a visa if they wish to work, study or settle in Jersey.
% | |
---|---|
Born in Africa | 6.3% |
Born in Asia | 32.3% |
Born in Europe | 13.5% |
Born in Latin America (South America, Central America, Mexico, and the Caribbean) | 46.9% |
But once here, even undocumented immigrants have the right to freedom of speech and religion, the right to be treated fairly, the right to privacy, and the other fundamental rights U.S. citizens enjoy. Since immigrants don't have the right to enter the U.S., those who are not here legally are subject to deportation.
All workers have the right to organize and join a Union.
Local 342 cares about your working rights, regardless of your immigration status.
It is illegal for an employer to discriminate against you based on your citizenship status, national origin, or other protected ground under the City Human Rights Law. An employer cannot discriminate when: Deciding to hire or fire you; Deciding what to pay you; or.
How long does it take for an illegal immigrant to become a U.S. citizen?
The processing time for naturalization (citizenship) averages 8-13 months (Boundless updates this information monthly based on our analysis of government data). During this time, as the government works to process the Application for Naturalization, applicants must complete several steps before becoming citizens.
The new immigration registry bill would replace the 1972 cutoff date with a rolling eligibility, allowing individuals to apply for registry after living continuously in the United States for at least seven years and meeting certain admissibility requirements.
"Individuals who remain in the U.S. without authorization for more than 12 months and then depart are barred from re-entering through any legal channel for at least 10 years."
At a Glance: If a child is born in the U.S., they automatically become a U.S. citizen. However, the parents' citizenship status is separate from that of their child. Parents who are undocumented or overstayed their visa can still be deported, despite their child's citizenship.
Marriage With An Undocumented Individual With Illegal Entry
If your foreign spouse entered the US illegally and has spent more than 6 months (180 days) in the country, they will need to travel to a US consulate or embassy abroad for their Green Card interview.
Lawful entry: An individual facing deportation can usually only apply for adjustment of status through marriage if they entered the country legally.
Anyone who is from an eligible country and meets the educational and financial requirements can apply for the visa lottery. That isn't the issue. The real problems comes if you are selected who do you claim the prize? An undocumented immigrant is usually not in lawful status.
It may take up to 90 days from the date you entered to receive your permanent resident card. You entered the U.S. using your immigrant visa, You paid the immigrant visa fee AFTER you entered, It may take up to 90 days from the date you made your payment to receive your permanent resident card.
The government filing fees for getting a family-based green card is $1760 for an applicant living in the United States or $1200 for an applicant living outside the United States.
What documents are required to get a NJ learner's permit? A 16-year old applying for a driving permit will need his/her original birth certificate with raised seal or passport, social security card, and proof of completed written test and vision test.
What documents do I need for NJ permit?
- Proof of Address.
- At least one primary and one secondary document.
- Social Security Number.
- 6 Points of ID Verification.
- Proof of authorized presence in US.
Ohio is one of the easiest driver's license to get in the United States, study finds. COLUMBUS, Ohio — A new study says that the Buckeye State is one of the easiest in the nation to get a driver's license.
In general, immigrant adults must have Legal Permanent Resident status in the United States for at least five years in order to qualify for NJ FamilyCare. Some immigrant adults can qualify if they are lawfully present, regardless of when they entered the US.
Can an illegal immigrant buy a car? Anyone can buy a car in the U.S. You don't have to prove citizenship to buy a car at a dealership or through an individual selling their car. You do, however, need a license to drive legally.
Undocumented immigrants can purchase private health insurance in the U.S., as neither citizenship nor “lawfully present” status is required for private insurance eligibility. However, undocumented immigrants must purchase this insurance outside of the federal Health Insurance Marketplace.
Appointments are required for: First-time license/permit (REAL ID or standard). If available, you can take your knowledge test at your permit appointment. Upgrade your class D license to a CDL.
Suspension of permit for up to six months; Criminal record and fines for driving vehicle without parent permission; Insurance will not cover damages to vehicles, property or people.
Under N.J.S.A. § 39:3-40, there are different penalties for drivers who are caught driving without a valid license. For instance, if you are a first offender, you can face a $500 fine. If you are caught driving without a valid driver's license a second time, you can face up to $750 in fines and up to five days in jail.
You may subject yourself to penalties and/or fines of up to $500./day until permits are issued. You may temporarily bypass the Township Planning and Zoning departments, but if caught, before a permit can be issued you will need zoning approval, and you may need a variance or Planning Board approval.
If you proceed with your construction project without having a required permit and you get “caught,” before a permit can be issued you will need zoning approval and you may need a variance or planning board approval. If these approvals/variances are denied, you may be required to remove the constructed improvement.
Who needs a work permit in Jersey?
All persons who are non-British or Irish require immigration permission to visit, work, study or settle in Jersey. Work permits are a requirement under the Immigration (Work Permits) (Jersey) Rules 1995.
If you need to sell a house with unpermitted work in New Jersey, your plans will likely need to be approved by the city before you can begin. While it can be disheartening and highly costly, you could remove the modification before trying to sell a house with unpermitted work in New Jersey.
After the USCIS receives your work permit application, they'll need about five to seven months in processing time. Just remember that delays to wait times due to backlogs are possible. If you want a work permit but your relative only has a green card, then you should expect the wait to be much longer.
All New Jersey minors are required to have working papers as a condition of employment. A new law — A4222 — effective June 1, 2023 significantly changes how minors get working papers and switches oversight and administration to the New Jersey Department of Labor and Workforce Development (NJDOL).
Wage & Hour and Contract Compliance. Effective January 1, 2023, the New Jersey minimum wage is $14.13 per hour for most workers. Learn more about the increase.
References
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