One of the most clearly defined aspects of U.S. immigration law is the strict prohibition against unauthorized employment. Engaging in work without proper authorization is a direct violation of both immigration and labor laws and may result in severe penalties. According to the U.S.
Citizenship and Immigration Services (USCIS), unauthorized employment refers to any work or service performed for an employer in the United States by a foreign national who is not lawfully permitted to work.
Unauthorized employment also includes working beyond the duration or scope of your approved employment authorization. While this may appear straightforward, determining what qualifies as lawful work in the U.S. can be complex. Certain activities—sometimes even those that seem harmless—may be considered violations.
If you’ve encountered a 221(g) denial or are facing administrative processing delays, understanding the reasons behind the refusal and knowing the best strategies to respond can greatly improve your chances of success.
If you’re uncertain about your employment status or fear you may have unintentionally violated immigration regulations, it is essential to consult an immigration attorney at Green Card Link. The experienced team at Green Card Link provides reliable legal guidance to help you maintain lawful status and avoid penalties.
Schedule a Consultation with Green Card Link Today
What Constitutes Unauthorized Employment?
Understanding what counts as unauthorized employment can be confusing for many foreign nationals. Without clear knowledge of U.S. law, even well-intentioned workers may inadvertently breach their visa conditions. USCIS actively monitors employment activities to ensure compliance with immigration regulations, so it’s critical to seek professional advice before making any employment-related decision.
You may be committing unauthorized employment if you engage in any of the following activities:
1. Employment Without Authorization
Working for an employer or individual without proper authorization is considered illegal employment. Both you and your employer may face legal consequences if discovered. This violation is taken seriously by immigration authorities and can lead to deportation, fines, or future inadmissibility.
Even playing an active role in starting or managing a business may be viewed as unauthorized if you do not possess valid work authorization. To avoid these risks, seek advice from the immigration attorneys at Green Card Link to confirm your employment eligibility.
2. Unauthorized Self-Employment
Unauthorized employment is not limited to working for others. Running or operating your own business in the U.S. without proper approval—even part-time—can be deemed unlawful. Before starting any self-employed venture, ensure you have the necessary employment authorization from USCIS to avoid serious consequences.
3. Volunteering in Restricted Circumstances
While volunteering is generally permitted in the U.S., there are strict rules. Volunteering should only involve unpaid work for charitable, religious, or humanitarian organizations. It cannot replace a position that would ordinarily be filled by a paid employee. Even if your goal is simply to gain experience, volunteering for work that displaces paid labor can be considered unauthorized employment.
4. Passive Investment with Restrictions
Foreign nationals may engage in passive investments, such as purchasing stocks, bonds, or real estate, without a work permit. Passive income—like dividends or capital gains—is permitted under certain visa categories, including the E-2 investor visa. However, active management of a business or daily operations may be classified as unauthorized work.
The Wettasinghe v. USCIS Case
The case of Wettasinghe v. USCIS serves as a clear warning. A student purchased ice cream trucks, leased them, restocked inventory, and occasionally operated them. Although the student viewed this as business activity, the court determined his involvement constituted unauthorized employment, leading to a deportation order.
This case underscores the importance of understanding visa restrictions before engaging in business ventures while in the United States.
5. Online Freelancing and Remote Work
Freelancing or remote work may seem like a gray area, but earning income online from within the U.S. without authorization can also be deemed unlawful employment. Always consult with an immigration attorney at Green Card Link before taking on freelance or remote work to ensure compliance with immigration laws.
How USCIS Detects Unauthorized Employment
In today’s digital age, it’s nearly impossible to hide unauthorized work. The USCIS, in coordination with other federal agencies, employs multiple methods to identify violations:
- Tax Records: Filing taxes on unapproved income (e.g., through Form 1099) can alert authorities. The IRS can share tax data with USCIS upon request.
- Social Media & Online Activity: Posts, photos, or employer information shared online may serve as evidence. Even if you avoid posting, others might inadvertently expose your activities.
- Reports from Others: Employers, coworkers, or even neighbors can report suspected unauthorized work, triggering a USCIS investigation.
F-1 Students and Business Ideas
If your visa application has been refused under section 221(g), or if you are dealing with administrative processing delays, don’t navigate the process alone. Contact Green Card Link today to schedule a consultation and take the first step toward resolving your case successfully.
I-485 Denied Due to Unauthorized Employment
If your Form I-485 (Application to Register Permanent Residence or Adjust Status) is denied due to unauthorized employment, seek immediate help from an immigration attorney at Green Card Link. They can evaluate your situation, file appeals, or present evidence to demonstrate that your work was authorized.
Applicants may also request reconsideration using Form I-290B, though filing fees apply. Professional legal support is vital to navigating this process and protecting your eligibility for lawful U.S. residence.
Consequences of Unauthorized Employment
- Deportation: Engaging in unauthorized work can trigger removal proceedings, leading to deportation from the U.S.
- Ineligibility to Extend or Change Status: Violating employment restrictions makes you ineligible to change or adjust your visa status in the future.
- Future Inadmissibility: Unauthorized employment can result in visa cancellation and impact your ability to re-enter the U.S. later.
- Bar to Status Adjustment: Unauthorized employment disqualifies you from obtaining a green card, even if it occurred before filing your application.
Honesty and proactive legal consultation are essential—lying on immigration forms or concealing employment violations can lead to further penalties, including permanent inadmissibility.
Working in the U.S. Without Authorization: What You Need to Know
It’s completely understandable that everyone needs to earn an income to support their daily needs. However, working in the United States without proper authorization is considered a serious violation of immigration law. It’s important to understand the rules that apply to your specific visa status to avoid jeopardizing your future immigration benefits.
Working on a Valid U.S. Visa
If you are in the United States on a work visa, your employment terms are determined at the time of your visa approval. You must adhere strictly to the conditions and duration of employment specified by your visa status. Engaging in work outside those terms may be treated as unauthorized employment.
For those on a student visa, there are legitimate ways to earn an income through on-campus or off-campus employment, but you must always obtain the required authorization before starting work. Proper documentation must be issued by your Designated School Official (DSO) or the United States Citizenship and Immigration Services (USCIS) before any employment begins.
Working While on a Visitor Visa
Attempting to work while holding a visitor (B-1/B-2) visa is a clear violation of U.S. immigration law. If you wish to work in the United States, the correct approach is to apply for a work-based visa that matches your employment goals. Alternatively, you may consider switching to a student visa, which allows limited, part-time work once approved. It’s essential to wait for USCIS authorization before beginning any type of work.
Can I Work for a Foreign Company While in the U.S.?
Even if you’re paid through a foreign bank account, working remotely for a foreign company while physically present in the United States on a non-work visa is generally not permitted. The U.S. government still considers it employment within U.S. territory.
How to Obtain Legal Work Authorization
The Employment Authorization Document (EAD)—often referred to as a work permit—is the official proof that you are legally allowed to work in the United States for a specific period. If you are not a U.S. citizen or permanent resident, you will typically need an EAD before engaging in any type of employment.
Who Is Eligible for an EAD?
Eligibility for a work permit depends on your immigration category. You may qualify for an EAD if you are in one of the following groups:
- Nonimmigrant visa holders with work authorization
- Students and exchange visitors with approved work eligibility
- Asylees or asylum applicants
- Applicants with a pending green card
- Fiancés and spouses of U.S. citizens or lawful permanent residents
How to Apply for an Employment Authorization Document (EAD)
To apply for your work permit, you must file Form I-765, Application for Employment Authorization, with USCIS. This same form is used for renewing or replacing a lost or expired EAD. Depending on your visa type, your application should include supporting documents such as:
- A copy of your Form I-94, Arrival-Departure Record
- Your passport or other government-issued travel document
- A copy of your previous EAD, if applicable
- Form G-28, if an immigration attorney at Green Card Link represents you
- Proof of identity, such as a government ID or driver’s license
- Form I-797, if applying as a refugee or asylee
Penalties for Working on a Tourist Visa
Working in the U.S. on a tourist (B-2) visa is strictly prohibited. Violating these terms can lead to visa cancellation, deportation, and future inadmissibility. The most responsible option is to apply for a valid employment-based visa before engaging in any form of work.
Permissible Activities on a B-2 Visa
Visitors holding a B-2 visa are allowed to engage only in the following activities:
- Tourism or visiting friends and relatives
- Seeking medical treatment
- Participating in social or cultural events
- Engaging as an amateur athlete or entertainer in unpaid activities
- Traveling as dependents of crewmen or armed forces members
Working, even remotely or informally, is not permitted under this visa category.
Can a B-2 Visa Holder Apply for a Work Permit?
No. B-2 visitor visa holders cannot apply for or receive a work permit unless they change their visa category and obtain proper authorization through USCIS.
Will USCIS Ever Forgive Unauthorized Employment?
While there have been rare instances where USCIS overlooked unauthorized work under exceptional circumstances, this should never be assumed. Engaging in unauthorized employment can severely impact your immigration record and future applications. Even if forgiveness is granted, it often requires compelling legal arguments and significant documentation. Unauthorized employment can lead to deportation, visa revocation, or permanent bars to reentry, underscoring how seriously the U.S. enforces its labor laws.
Employment Authorization for Spouses
Many visa categories allow spouses of foreign nationals to apply for employment authorization in the U.S. For example:
- H-4 visa for the spouse of an H-1B visa holder
- O-3 visa for the spouse of an O-1 visa holder
- J-2 visa for the spouse or dependent of a J-1 exchange visitor
J-2 visa holders can apply for an EAD by submitting Form I-765 to USCIS, along with proof that their income is not needed to support the principal J-1 holder. Once approved, the spouse can work legally in the U.S., making compliance both safe and rewarding.
How Green Card Link Can Help
At Green Card Link, our dedicated team of immigration attorneys provides personalized legal guidance for clients seeking to work or maintain lawful employment in the United States. We help you understand your visa rights, avoid costly mistakes, and secure your Employment Authorization Document (EAD) efficiently.
Whether you are a student, a professional on a work visa, or a spouse seeking authorization, our immigration attorneys at Green Card Link are here to guide you through every step of the process.
Schedule a consultation today to learn how we can help you obtain or maintain your work authorization lawfully and confidently.