How to Avoid Unauthorized Employment Issues As a Foreign National

Work as a green card holder., Identify if you have a temporary worker visa., Work only for the employer who sponsored you., Note the deadline for leaving the country., Avoid working on a student or tourist visa., Consult with an attorney.

6 Steps 3 min read Medium

Step-by-Step Guide

  1. Step 1: Work as a green card holder.

    If you are a permanent resident of the U.S., then you can accept employment and should not have any unauthorized employment issues.

    Generally, you can become a green card holder by being sponsored by a family member.

    Some people also get permanent residence based on certain employment visas.The most common employment visas are:
    EB-1 Alien of Extraordinary Ability Visas EB-2 Alien of Exceptional Ability Visas EB-3 Skilled Worker and Professional Visas EB-4 Special Immigrants Visas
  2. Step 2: Identify if you have a temporary worker visa.

    Instead of a permanent employment visa, you might have a temporary worker visa.

    These visas last only for a certain amount of time.

    The most common temporary worker visas are:
    H-1B Person in a Specialty Occupation H-2A Temporary Agricultural Worker H-2B Temporary Non-Agricultural Worker L Intracompany Transferee O Individual with Extraordinary Achievement or Ability P-2 Artist or Entertainer , In order to receive a temporary worker visa, you needed an employer to file a visa petition on your behalf.

    You may only work for the employer who filed this petition for you.

    Their name should be on your visa.You can’t get a temporary worker visa for Employer A and then decide to switch to Employer B.

    If you do, then you are in the country unauthorized.

    If you want to switch employers, then you should meet with a qualified attorney to talk about your options. , If you are in the U.S. on a temporary worker visa, then you must leave at some point.

    This date actually does not appear on your visa.

    Instead, the date is on your Form I-94 card.If you entered the country by a land port of entry, then you should receive a copy of your Form I-94.

    If you entered by air or by sea, then your I-94 is stored electronically.

    You can get a copy by visiting the Customs and Border Protection website.

    Your visa can expire before the deadline for leaving the country passes.

    In this situation, you can remain in the U.S.; however, you can’t leave and then be readmitted into the U.S. , Many people come to the U.S. as tourists or as students.

    However, you cannot accept employment while on one of these visas.

    If you do, then you will become ineligible to change your status. , If you have a question about employment issues, you should consult with a qualified immigration attorney who can advise you about your legal responsibilities.

    You can get a referral to an immigration attorney by contacting the bar association of the city or state where you are located.See Find an Immigration Lawyer for more information.
  3. Step 3: Work only for the employer who sponsored you.

  4. Step 4: Note the deadline for leaving the country.

  5. Step 5: Avoid working on a student or tourist visa.

  6. Step 6: Consult with an attorney.

Detailed Guide

If you are a permanent resident of the U.S., then you can accept employment and should not have any unauthorized employment issues.

Generally, you can become a green card holder by being sponsored by a family member.

Some people also get permanent residence based on certain employment visas.The most common employment visas are:
EB-1 Alien of Extraordinary Ability Visas EB-2 Alien of Exceptional Ability Visas EB-3 Skilled Worker and Professional Visas EB-4 Special Immigrants Visas

Instead of a permanent employment visa, you might have a temporary worker visa.

These visas last only for a certain amount of time.

The most common temporary worker visas are:
H-1B Person in a Specialty Occupation H-2A Temporary Agricultural Worker H-2B Temporary Non-Agricultural Worker L Intracompany Transferee O Individual with Extraordinary Achievement or Ability P-2 Artist or Entertainer , In order to receive a temporary worker visa, you needed an employer to file a visa petition on your behalf.

You may only work for the employer who filed this petition for you.

Their name should be on your visa.You can’t get a temporary worker visa for Employer A and then decide to switch to Employer B.

If you do, then you are in the country unauthorized.

If you want to switch employers, then you should meet with a qualified attorney to talk about your options. , If you are in the U.S. on a temporary worker visa, then you must leave at some point.

This date actually does not appear on your visa.

Instead, the date is on your Form I-94 card.If you entered the country by a land port of entry, then you should receive a copy of your Form I-94.

If you entered by air or by sea, then your I-94 is stored electronically.

You can get a copy by visiting the Customs and Border Protection website.

Your visa can expire before the deadline for leaving the country passes.

In this situation, you can remain in the U.S.; however, you can’t leave and then be readmitted into the U.S. , Many people come to the U.S. as tourists or as students.

However, you cannot accept employment while on one of these visas.

If you do, then you will become ineligible to change your status. , If you have a question about employment issues, you should consult with a qualified immigration attorney who can advise you about your legal responsibilities.

You can get a referral to an immigration attorney by contacting the bar association of the city or state where you are located.See Find an Immigration Lawyer for more information.

About the Author

M

Marie Price

Brings years of experience writing about cooking and related subjects.

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