For many, getting the opportunity to work in the United States is not something taken for granted. As such, it is imperative not to jeopardize your future in the country by working without proper employment authorization. Unfortunately, this can have serious consequences, so understanding what can happen is critical. The following blog explores what you should know about these matters, including the steps you can take with the assistance of Fairfax County business immigration lawyers to explore your legal options.
What Does it Mean to Work Without Employment Authorization?
It’s imperative to understand that you are only eligible to work in the United States as a non-citizen if you are a lawful permanent resident, meaning you have a valid green card, or you are here on a valid work visa. In some instances, you may be permitted to work if you obtain an Employment Authorization Document (EAD) issued by the United States Citizenship and Immigration Services (USCIS), even if you hold a non-work visa. The work visa allows you to enter the country and only permits you to work for the employer who sponsored the visa, whereas an EAD is more flexible and allows you to change employers without filing a new petition.
Examples of unauthorized employment include helping out a family business while in the country on a tourist visa, working after your authorization has expired, or working outside the terms of your visa.
What Penalties Can I Face if Caught?
If you are caught working in the United States without proper authorization, you can face a litany of penalties based on the exact circumstances of your case. For example, if you are found working outside of the terms of your visa, you’ll find this can lead to the revocation of your visa or the denial of your adjustment of status if you are seeking a change. In many instances, those working without any sort of visa or authorization will be deported.
You’ll also find that this can impact future immigration opportunities, as you may be barred from future visas or seeking lawful permanent residence, as you may be deemed inadmissible because of your unauthorized work history.
Is It Possible to Fix My Status?
In the event that you worked without authorization or your authorization is about to expire, it’s imperative to understand your legal options. In some circumstances, marriage to a U.S. citizen and subsequent adjustment of status can forgive prior unauthorized work. Additionally, applying for deferred action, asylum, or temporary protective status may grant work authorization.
If your authorization has not yet expired but is about to, you should file a renewal. In many instances, you can submit the renewal 180 days prior to the expiration of your EAD, and some visas will allow a grace period or automatic extensions that allow you to work so long as you filed the renewal on time. However, if your authorization expires, you should cease working, even if your employer allows you to continue.
As you can see, this process can be incredibly difficult to navigate on your own, which is why it’s in your best interest to connect with an experienced attorney with Goel & Anderson. Our firm understands how difficult these matters can be and the consequences you can face if an error occurs, which is why we are committed to helping you fight for the best possible outcome. When you need help, our team is here. Contact us today to learn more.
