Unauthorized Employment — Yay or Nay?
The United States of America is a dream country for a lot of people. This is the reason why there are so many illegal immigrants in the country. Nonetheless, the things are not too good for the legal immigrants also.
The complex immigration laws of the country make it quite difficult for the immigrants — legal and illegal to work. The US immigration laws state that immigrants are only allowed to work if they are “accorded a non immigrant classification which authorizes employment” or has been “granted permission to engage in employment in accordance with the provisions”.
The current government has been working hard to limit the number of the foreign nationals in the country. They have tightened the immigration laws, created roadblocks in the path of green card and US citizenship and have doubled down on DACA.
The issue of unauthorized employment has crept up now. Unauthorized employment refers to the work done by the foreign national who has not been authorized the INA or USCIS to work in the country. The immigration laws have numerous categories related to the employment that affects the status of the employment.
Different types of visas
- ESTA/B-1 or B-2
Immigrants entering under ESTA or in B1 or B2 categories are admitted for an initial period of 6 months. The B1 visa is for business and B2 visa for pleasure. Immigrants admitted under both visa cannot work. While the B1 via lets the businessman negotiate the contract, meet with clients and participate in seminars, they cannot get a salary or any direct monetary benefit from their trip. Similarly, the B2 visa does not allow the travelers to work at all in the US.
Under F1, the immigration authorities allow the academic students for a limited period of studies. They are only allowed to work under the Optional Practical Training and Curricular Practical Training programs. The forms need to be filled at Designated School Officials (DSO) to get authorized.
- Internship and self-employment
Unauthorized employment includes unpaid internship and self-employment. Any position that pays the immigrating or visiting person would be considered unauthorized work. This includes volunteering for a position or helping out when needed in business.
While the immigration laws are clear, the line between the authorized and unauthorized employment is not.
If you are an immigrant wanting to have clear knowledge about the visa and green card requirements, you can visit Michael Wildes Reviews to have a clear view of laws and type of immigration lawyer you should hire.