USA and the UK
Working without proper authorization can have severe consequences for foreign nationals in the US, including fines, deportation and ineligibility for Green Cards.
If you find yourself facing allegations related to unauthorized employment in the US, it is essential to understand your rights and options. Being informed can help you navigate the legal system and potentially mitigate any consequences.
It can include anything that generates income. Unauthorized employment in the US can take many forms.
This may involve working for a company or an individual without the necessary work authorization, operating a business without proper approval, working without a valid visa, or working for an employer who is not authorized to employ you.
Even volunteering in a position that a paid worker could fill may be considered unauthorized employment under US immigration rules.
Working Beyond Your Visa Limitations
You may be charged with unlawful employment in the US according to immigration law if you are found to be:
- Working without a visa that permits employment (e.g., H-1B, L-1, O-1, etc.).
- Performing work or services that are not within the scope of the employment specified in your work visa. For example, if you hold an H-1B visa for a specific employer, you cannot work for another employer without obtaining a new H-1B visa or other appropriate work authorization.
- Violating the terms of a non-work visa by engaging in employment while on a visa that does not permit work, such as a B-1 (business visitor) or B-2 (tourist) visa, or while in the U.S. under the Visa Waiver Program.
- International students on an F-1 visa can work under specific circumstances, such as on-campus employment, Curricular Practical Training (CPT), or Optional Practical Training (OPT). Working outside these USCIS-authorized employment options or beyond the allowed hours constitutes unauthorized employment.
It is essential to check your visa status and speak with an employer or legal advisor to avoid unintentionally engaging in unauthorized employment, which can have severe consequences on your immigration status.
Investment, Stocks, and Bonds
Some kinds of investments do not qualify as work without permission, such as passive and revolving investments in the stock and bond markets. Consequently, foreigners can invest without the fear of being labeled employees.
However, if you are a foreign national without proper work authorization and you buy and sell securities as part of your job or business, that could be considered unauthorized employment. For example, if you are working as a stockbroker or financial advisor and are not authorized to work in the U.S., you could violate immigration laws.
Although work permits and visas are not required for volunteer work in the US, it is important to note that state laws related to workers’ compensation generally do not allow volunteers to take on roles typically reserved for paid positions.
This is primarily due to concerns over the potential loss of jobs in the country. Paying volunteers under the table or in cash can also lead to legal complications.
It is always best to check with the organization you plan to volunteer with and ensure everything is done correctly.
How About Internet Freelancing?
If a foreign national is physically present in the US and engaging in freelance work without proper work authorization, they may be subject to legal consequences.
Freelancing on an H-1B visa for a US company outside your primary employer is possible. Still, you need to ensure that the freelance work is within the scope of your visa, your primary employer has sponsored your H-1B visa, and that you have received secondary employment authorization.
You should also comply with all H-1B visa regulations, including prevailing wage requirements, minimum work hours and tax obligations.
Penalties for working without a work permit in the USA can be severe and far-reaching. Engaging in unauthorized employment may lead to a range of consequences, including denial of immigration benefits, removal or deportation from the United States, and inadmissibility for future visa applications.
Employers who hire unauthorized workers may face financial penalties, legal sanctions, and damage to their reputations.
Ineligibility for Status Adjustment or Extension
Unauthorized employment can jeopardize an individual’s ability to adjust the applicant’s nonimmigrant status or extend their current status in the United States.
Adjustment of status involves changing from a non-immigrant status (e.g., student, visitor) to an immigrant status (e.g., permanent resident) without leaving the country.
Engaging in unauthorized employment may result in the denial of status adjustment or extension applications, making it challenging to obtain a Green Card or other immigration benefits.
Ineligibility to Extend or Change Status
Ineligibility to extend or change status is a consequence that may arise if an individual violates the terms of their current non-immigrant visa, such as engaging in unauthorized employment in the United States. When a non-immigrant visa holder fails to comply with the conditions of their visa, they can become ineligible to apply for an extension or change of their current status.
Engaging in unauthorized work or breaching the conditions of your visa could lead to removal proceedings and deportation from the U.S.
Deportation can have long-lasting effects on your ability to apply for other immigration benefits in the future.
Revoked Visa/Inadmissibility for Future Entry
Unauthorized employment may result in the revocation of your current visa and make you inadmissible for future visas or entry into the U.S.
Inadmissibility can be a temporary or permanent bar, depending on the circumstances and severity of the violation.
Ineligibility for a Green Card
Unauthorized work can jeopardize your eligibility for obtaining a Green Card (lawful permanent resident status). It may lead to the denial of your adjustment of status application or make you ineligible for certain employment-based green card categories.
In some cases, waivers may be available, but they are often difficult to obtain and depend on the specific circumstances of each case.
There can be criminal consequences for both unauthorized workers and employers in the United States.
While the primary consequences for unauthorized workers to accept employment are civil in nature (e.g., deportation, denial of immigration benefits, etc.), there are circumstances where criminal penalties may apply.
For example, if an individual engages in identity theft, document fraud, or provides false information to the government, they may face criminal charges.
Employers who knowingly hire unauthorized workers may face both civil and criminal penalties.
- Employers can be fined for each unauthorized worker they knowingly employ.
- In cases of a pattern or practice of knowingly hiring or continuing to employ unauthorized workers, employers may face imprisonment.
- The government may seize assets related to hiring unauthorized workers, such as property used to facilitate the employment of unauthorized individuals.
- Employers found guilty of knowingly employing unauthorized workers may be prohibited from participating in federal contracts or receiving other government benefits.
- According to the Immigration Nationality Act, a company that “knowingly” uses illegal workers can be fined as much as $10,000 per worker. The employer also can face up to six months in jail if a pattern of violating the law is found. Also, a conviction for “harboring” illegal workers (knowingly employing 10 or more individuals with illegal status in a 12-month period) can lead to imprisonment of up to 10 years.
If you are concerned about the penalties for working without employment authorization in the U.S., it is crucial to ensure that you understand and adhere to the relevant immigration regulations. To avoid potential consequences and secure your future in the United States, it is recommended to seek professional advice.
At IAS, we understand the importance of maintaining lawful immigration status and employment authorization for your future in the U.S. Our team of experienced legal professionals can help you navigate the complex U.S. immigration system and ensure compliance with all applicable laws and regulations.
Our immigration attorney will guide you through the process, helping you understand the requirements and providing advice on the best course of action. With the Immigration Advice Service on your side, you can rest assured that your immigration services and matters will be handled efficiently and professionally, increasing your chances of success.
To learn more about how we can help you with work authorization matters and citizenship and immigration services in the U.S., please contact us at +1 844 290 6312 or online, through our website to schedule a consultation today.
Last modified on May 22nd, 2023 at 3:49 am
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If you don’t have work authorization but need to work, exploring legal options is necessary to avoid jeopardizing your immigration status.
Consult an immigration attorney to understand options, such as applying for an Employment Authorization Document (EAD) based on your situation. Additionally, consider seeking a visa category that permits employment, like an H-1B or L-1 visa.
When applying for Adjustment of Status (AOS) to become a lawful permanent resident, unauthorized employment may be forgiven for immediate relatives of U.S. citizens (spouse, parent, or unmarried child under 21) and certain other categories of special immigrants.
However, other non-immigrant visa holders, such as those on student or temporary work visas, may not be eligible for such waivers or exemptions and could face severe consequences for unauthorized employment.
USCIS detects unauthorized employment by examining applications, site visits, tips, social media monitoring, interagency collaboration, and random audits.
These approaches help ensure compliance with immigration regulations and deter unauthorized work activities among non-citizens.
To apply for an Employment Authorization Document (EAD), you must file Form I-765 with USCIS and the required supporting documents and fees. Ensure you meet the eligibility criteria for your specific category. Once approved, you’ll receive the EAD card, granting you authorization to work in the U.S.
The filing fee for the Employment Authorization Document (EAD) work permit application (Form I-765) is $410.
Some applicants might be required to pay an $85 biometric services fee, depending on their eligibility category.
Fee exemptions for the Employment Authorization Document (EAD) work permit application (Form I-765) are also available in very limited circumstances.
Passive investments in certain areas are permissible, but actively participating in running the business is unauthorized employment.