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Migrants in search of work creating LLCs

Some migrants who don't qualify for TPS or have other work authorization are creating LLCs as a legal way to earn income.

DENVER — Most migrants arriving in Denver today are not eligible to receive work permits, especially not in a timely manner. 

Most do not qualify for Temporary Protected Status (TPS) and did not come with CBP One. Migrants who came under those two avenues have a more streamlined process to receive work authorization. 

Migrants arriving today typically have to wait a minimum of six months for a work permit from the time of applying for asylum. 

Some of those in limbo are creating LLCs to create work for themselves instead. 

"One workaround that we have found as a mom community, Moms and Neighbors, is creating LLCs," said Andrea Ryall, who leads Highlands Moms and Neighbors. "Many of these individuals are highly skilled. They come with a whole slew of work experience and different ways that they can earn income."

Ryall has helped several families and individuals create LLCs as they hope to become entrepreneurs. 

"There’s a lot of great ideas and innovation and entrepreneurship happening," Ryall said. "LLC is a great way for them to have a legally owned business, and something that I would really like to see in our community because everywhere I go is hiring." 

Legally, you don't have to be a U.S. citizen to create a U.S.-based LLC. Those without social security numbers can instead file taxes with a registered LLC by using an EIN, an Employer Identification Number, or an ITIN, an Individual Taxpayer Identification Number. 

Ryall said the process to create an LLC for migrants has not been difficult. The steps afterward, however, can be challenging in her experience. 

"The problem on the back end of what I am finding for them are challenges with banking, with them being able to open a business bank to actually manage the funds of their business," Ryall said. 

The LLC route means that other businesses can contract with the LLC, which provides another mechanism to providing work. 

Some tax experts recommend that migrants have a foreign passport when creating an LLC, which is a document that many Venezuelans don't have. Others say those who pursue entrepreneurship need to have a support circle and existing network, which isn't necessarily something an immigrant has after immediately arriving. 

Migrants, advocates say, will continue to find creative solutions around work permits. Ryall said it's an opportunity to change policy that would benefit the wider community. 

"I do think in this moment, when we are in a humanitarian crisis, it would be wise to take a look at the policies in place to allow more of this population to work and care for themselves and also pay right back into the American economy," Ryall said. 

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