Working While Waiting: Can I Work in the U.S. While My Visa Is Processing? | R. Ramirez Attorneys and Counselors

In this article, you can discover…

• Whether you can legally work in the U.S. while waiting for a visa approval.
• The possible immigration consequences of unauthorized employment.
• Whether you can legally travel abroad while your visa is being processed.

Can I Legally Work In The United States While Waiting For A Visa Or Status Approval?

Usually, you cannot legally work while waiting for a visa approval. To legally work, you would have to have a valid, unexpired work authorization document and a valid, unexpired status that allows for paid employment.

In some cases, filing a renewal of your employment authorization document will result in the USCIS giving you an automatic extension through a receipt. As long as you have the paperwork that shows that you have current authorization, you can work. If not, then paid employment is not allowed.

Can I Legally Volunteer Or Accept An Unpaid Internship While Awaiting Visa Approval?

Yes, you can volunteer or accept an unpaid internship while awaiting a visa approval. The definition of “work”, for immigration purposes, is work done for wages, and you must be very careful that you receive no money in exchange for your services.

The USCIs may also view your volunteering as work, even if it’s unpaid, if that work involves or requires professional experience. As a result, the level of experience you have and what, exactly, you are doing as you volunteer or undertake an unpaid internship can impact whether the USCIS will categorize it as “work”.

What Are The Immigration Consequences Of Unauthorized Employment During Visa Processing?

The consequences of unauthorized employment during visa processing can be pretty severe. Immigration could deny the pending visa, find you inadmissible, or find you ineligible to change status. They can complicate your long-term green card aspirations. Working without authorization can follow you for years and is not worth the risk.

Attorney Ricardo Ramirez is a diligent, astute visa and immigration attorney serving Texas. Since 2011, he’s helped clients just like you determine whether or not they can work while their visa is processing.

Have questions, or in need of legal guidance? Reach out to R. Ramirez Attorneys and Counselors for an initial consultation today.

Are Employment Authorization Documents (EADs) Available While My Visa Application Is Pending?

Yes, but EADs are only available in very specific categories. For example, if you’re adjusting your status through a family member (e.g., for a green card) , you can get a work permit while that is pending. Certain asylum applications and certain dependent spouses can also get a work permit. If you have a case pending before an immigration court, you can also receive work authorization.

Is International Travel Allowed While A U.S. Visa Or Change Of Status Is Still Pending?

It really depends, and international travel can be a very nuanced area. If you leave the United States while there is a pending application for a change or extension of status, immigration may argue that you’ve abandoned that status.

For some categories, such as the adjustment of status or some non-immigrant visas, you can get advance parole before traveling. This means you’re asking for official permission to leave the country while your visa is being processed without having the penalty of abandoning that status.

If you plan on traveling abroad while you have something pending before the USCIS, make sure you contact an attorney to see if that travel is authorized.

How Can An Immigration Attorney Help Protect My Legal Status During Visa Processing Delays?

An immigration attorney can monitor your status expiration dates, monitor any available grace periods, ensure your documents are valid, and apprise you of travel risks. An immigration attorney can also strategize as to how options can be bridged and how to switch from one visa to another, if needed.

Maybe you’re going to adjust your status, maybe you’re going back to school, or maybe you’re on a science-related OPT, and you want to file an extension. An attorney can help you link together your immigration history and figure out how you can move forward in ways that can protect your status during any delays that might occur.

That kind of guidance is invaluable, and all of these matters are important things to speak with an immigration attorney about.

Still Have Questions? Ready To Get Started?

For more information on working while your visa is processing, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (956) 247-0068 today.