What Is Considered Unauthorized Employment?

Working without a valid visa or work permit is the most clear-cut example of unauthorized employment. For instance, if you’re in the United States on a tourist visa, you’re not permitted to work. Your employer and you can be penalized for this type of unlawful employment.

Self-employment without proper documents and legal approval is also not allowed. So, if you’re in the United States on a student visa, for example, and you start your own business, that would be considered unauthorized employment.

Even if you have a valid visa and work permit, you may still be engaging in unauthorized employment if you’re not following the terms of your visa. For example, let’s say you have a work visa that allows you to work for a specific employer in a specific occupation. If you leave that job and start working for another employer or in a different occupation, that would be considered unauthorized.

Similarly, working off-campus would also be considered unlawful employment if you have a student visa and are only allowed to work on-campus. There are many other examples of how you can violate the terms of your visa and get engaged in unauthorized employment.

If you donate your time and services without receiving any type of compensation, that is generally not considered unauthorized employment in the US. However, there are certain conditions to this rule. For instance, you should not be volunteering in a position for a company that paid workers usually do.

It is generally considered unfair to work for free in a position that usually requires payment, even if the goal is only to gain experience. This is because your unpaid employment may take money away from someone desperately needing it. Furthermore, playing an active role in a start-up for formation without proper permission or authority can be considered unauthorized.

Active involvement in a business, such as in day-to-day operations, is considered unauthorized employment for foreign nationals. However, passive investment, such as investing in the stock market or bonds, is allowed. Private company investment is also allowed if the foreign citizen is not actively involved in the business. Forex trading is also considered unauthorized employment.

Here are some common examples of Unauthorized Employment:

A student on an F-1 visa working on a project outside the campus without informing the school authority
A foreign national on an H-1B visa takes a second job from an employer other than the one who sponsored his or her H-1B application;
A religious worker on an R-1 visa initiates to work for a new organization before their transfer petition is approved;
A J-2 or H-4 keeps on working even after the expiry of their existing EAD;
A B-2 visa status visitor works at some relatives’ offices for a few days during their visit to the USA.

To work in the United States, you must obtain USCIS-authorized employment. There is a standard procedure to follow, which includes the filing of an I-765 form.

Eligibility criteria for EAD

Foreign nationals can file the EAD application under the following situations:

• Applicant’s nonimmigrant status
• Exchange visitors and students
• Applicants of asylum and asylee
• Foreign citizens waiting for a green card application decisions
• Spouses and fiancés of US citizens

Documents for obtaining an EAD

The foreign national will need to submit the following documents while filing an I-765 form:

• A copy of I-94 (front and back of Nonimmigrant Arrival-Departure Record)
• Travel documents, including your passport
• A copy of your last EAD (if applicable)
• G-28 form, if an attorney is accredited to represent you (legal authorization)
• A copy of any ID issued by the government
• I-797 form with the final note of eligibility resettlement (for refugee applicants)