Perhaps now, more than ever, it is important to know the rules of your nonimmigrant status to avoid any violations. If you entered the United States in a nonimmigrant status – such as a B-1/B-2 visitor, F-1 student, or even a work-authorized status like the H-1B visa – it is critical to understand what constitutes lawful activity and what does not.
1. Visitor Visas (B-1/B-2)
If you entered on a B-1/B-2 visitor visa, you may not work or attend school while in the United States.[1] Even continuing to perform work for an employer abroad while you are physically present in the U.S. is not allowed. The B-1/B-2 visa is intended for the sole purpose of tourism and leisure, or for attending business meetings – but not for performing work while in the United States.
2. F-1 Student Status
If you are an F-1 student, any work you perform should be authorized in your I-20 document as approved by your Designated School Official (DSO) at your college or university. Any work performed outside of what has been specifically approved could constitute a violation of your immigration status. You must also work no more than 20 hours per week if you are authorized for part-time employment.
3. H-1B Workers and H-4 Dependents
If you are an H-1B worker, remember that your employment authorization is limited to the specific employer who filed the H-1B petition on your behalf. Any additional work or concurrent employment for a different employer must be supported by a separately approved H-1B petition for concurrent employment unless a contractual arrangement is authorized in advance. Such “employment” can include receiving grant funding, fellowships, or other reimbursement for specific services performed.
Those in H-4 dependent status are not authorized to work unless a work permit (Employment Authorization Document) has been approved.
4. Additional Jobs or Income Streams
It is important to understand that additional income streams from secondary employment can be considered a violation of your nonimmigrant status. When in doubt, consult your Dentons immigration attorney. Some examples of potentially problematic income include royalties from a song, income generated through selling items online, or hobby income. While you may sell used personal items to recover costs, the activity cannot be conducted for the purpose of generating profit. NIL and business ownership agreements must be carefully reviewed to confirm that such payments will not violate your immigration status.
5. Encounters with Law Enforcement
Should you find yourself involved in any encounter with law enforcement, be aware that this may affect your immigration status. It is important to contact an attorney immediately for assistance before any plea is entered or any sentence is imposed by a court. Taking prompt action can make a significant difference in protecting both your criminal case and your immigration standing.
Bottom Line
Staying informed and proactive about the requirements of your specific visa status is essential. Violating the terms of your nonimmigrant status can have serious consequences, including denial of future visa applications, removal from the U.S., or bars on reentry. If you have any questions about permissible activities, employment, or other matters affecting your immigration status, please contact your Dentons immigration attorney for guidance.
[1] In some situations, language classes are allowed for visitors in B status.
