Unauthorized Employment

Before accepting a job in the United States, make sure you have all your paperwork in order and you’ve applied for and received the proper visa. Being deported for unauthorized employment violations can lead to serious consequences, including deportation and a ban on returning. To ensure you get it right the first time, contact the best immigration attorney at Kats Immigration Law. Alina Kats can set up a virtual consultation to advise you on the steps you need to take to get authorized employment approval.

What Is Unauthorized Employment?

Unauthorized employment refers to working in the U.S without work authorization, which is a permit that’s required for non-citizens to work in the United States. Non-citizens may obtain different types of visas for different levels of employment authorization. Unauthorized employment includes work done without a current, valid work authorization as well as work done that’s outside the scope of your work authorization. Overstaying your visa or accepting work without proper authorization may lead to serious consequences.

To avoid violating your immigration status and putting your green card in jeopardy, it’s imperative that you seek the help of an experienced immigration lawyer before you accept employment. For help with any aspect of the immigration process, the best choice in the Brooklyn and Manhattan areas is Alina Kats of Kats Immigration Law.

What’s Considered Unauthorized Work?

Visas are issued for a particular purpose and foreign nationals are prohibited from engaging in any activities that aren’t consistent with the purpose of your visa. For example, if you have a student visa or a visitor visa, you aren’t authorized to accept employment. And if you’re in the U.S. on an H-1B visa to work for a particular employer, you can’t accept work from a different employer. Activities that may be considered unauthorized employment include:

• Accepting employment from a company or individual that’s not within the scope of your visa
• Playing an active role in the creation of a company
• Being self-employed
• Working without a paper trail, known as “under the table”

Remote freelancing may be considered a home business, and you should discuss it with an expert immigration lawyer before engaging in this type of work. Financial investments for the purpose of capital gains are permitted with an E-5 or E-2 investor visa. You are permitted to volunteer your time if there’s no compensation.

How Does the Government Discover Unauthorized Employment?

Advances in technology make it easier than ever to find out where people are and what they’re doing. You should never assume you won’t be caught if you engage in unauthorized employment or break other immigration laws. The U.S. Citizenship and Immigration Services (USCIS) has access to many different databases. Some ways USCIS may find out that you’re working without authorization include:

• Social media. Even if you never post on social media, your company or coworkers may post statements or pictures that prove you work for a company.
• Tax documents. If your employer issues a tax document such as a 1099, USCIS can easily discover that you’ve been working.
• Outside of social media, your company may post information on their website that’s easily discoverable such as names or pictures of employees. If you post a resume online, that may also be discovered.

Another way USCIS could find out if you’re engaging in unauthorized employment is that someone could report you U.S. Immigration Customs and Enforcement (ICE). It could be a coworker or neighbor, but once you’ve been reported, USCIS may do an extensive investigation on your activities.

What Are the Possible Consequences of Unauthorized Employment?

People often think getting a job without a permit isn’t a big deal, but you may face serious consequences if immigration authorities discover you engaged in unauthorized employment. Possible consequences you could face include:

• If it’s discovered you’ve violated your status by engaging in unauthorized employment, deportation and removal proceedings may be initiated.
• Revoked visa. Your visa could be revoked, which may make it difficult or impossible for you to return to the U.S. in the future.
• Ineligibility to change status. Unauthorized employment can lead to a bar on adjustment of status, and you may find you’re unable to get a green card.

Whether you think you may eventually want to become a permanent resident or not, it’s always best to keep your options open. Taking a risk on accepting unauthorized employment can lead to consequences that affect your future permanently.

How Do I Apply for Work Authorization?

A permit to lawfully work in the U.S. is called an Employment Authorization Document (EAD). Before accepting employment, find out if you’re eligible to apply for an EAD. Foreigners who have certain statuses are eligible to apply, including:

• Refugees
• Asylum seekers
• Fiancées and spouses of U.S. citizens
• Those with non-immigrant work visas
• Students

Applying for an EAD is done using Form I-765. Fill out the application, sign it and attach required documents, which include:

• Passport or other travel documents
• Copy of any government-issued proof of identity
• Copy of non-immigrant arrival and departure record, which is form I-94
• Filing fee

If you’ve previously been issued an EAD, include a copy of your previous EAD. If you’re being represented by an attorney, include form G-28. USCIS may require you to provide biometrics such as fingerprints and photographs.

What Can an Immigration Attorney Do for Me?

If you have any concerns that work you’re doing could be violating immigration laws, or if you need help filling out forms or providing required documentation, talk to an immigration lawyer right away. Better yet, rely on the expertise of an experienced immigration attorney to help you apply for your visa to ensure it’s error-free, on time and is the proper visa that you need for your purposes.

Additionally, if you’ve engaged in unauthorized employment, or have been found guilty of unauthorized work, contact Alina Kats to learn your options. She may be able to file an appeal and possibly make a motion to reconsider or reopen your case.