Penalty for Working Without a Work Permit in USA

Overview

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.

Volunteer Work

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.

Overview

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.

Deportation

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.

For Workers

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.

For Employers

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.