As a foreign-born person in the United States, you must be careful not to take a job unless you are actually authorized for U. Specifically, if you are a non-citizen in the early stages of applying for adjustment of status to become a permanent resident get a green card , you should know that you are not automatically authorized to work in the United States.
In order to work legally until your U. If you are at an even earlier stage in the process, and the priority date for processing your green card application is not yet current, you do not yet have the right to apply for work authorization.
Typically the form is filed simultaneously with an I application for adjustment of status , which is convenient because one fee includes both forms. If you file Form I with your I application for adjustment of status, there is no filing fee. Though you might have been informed that the I is optional, it is only optional if you do not intend to work in the U. If you have an adjustment of status application pending and are working, however, your employment is not authorized unless:.
Note: Even if you are in a status that authorizes work in the U. Doing so will allow you to take up employment elsewhere without interruption or additional authorization in the event you lose or quit your authorized job. Although the law is fuzzy on this point, home businesses are typically considered employment by U.
Likewise, if you hold a nonimmigrant visa that authorizes employment for a specific employer, engaging in self-employment is not authorized if you have not filed the I and been approved. You will have also violated the terms of your nonimmigrant visa, which can result in your adjustment of status application being denied.
If you have worked for days or more, the I application will likely be denied but speak to an immigration attorney to see whether any exceptions apply in your case. The immigration officer will count only the days worked since you were last admitted into the United States. Therefore, any unauthorized employment that occurred from past entries into the U.
Unauthorized employment is not taken lightly, regardless of whether or not the person intentionally broke any immigration laws. Therefore, if you have worked in the U. Browse All Immigration Topics ».
Vanderbilt departments are also cautioned against having an international employee on work premises engaging in work related activities before the EAD or employment authorization start date. An international employee who engages in work related activities or employment before EAD begins, is in violation of immigration status. The University cannot violate federal regulations and international employees should not violate their immigration status by engaging in unlawful employment.
Departments and employees should contact the GSS office to discuss employment issues if there is a concern as to when an international employee with EAD can begin working.
F-1 students can work for any number of US employers as long as all jobs are within the area of their academic degree for which OPT was granted. Multiple employers are permitted, but each employer must be enrolled in E-Verify. As mentioned above, renewing the EAD in a timely fashion is extremely important because, in general, an employee must stop working when the EAD expires.
Permissible Activities For Employee Without EAD: As it pertains to Vanderbilt employees with EAD, please note that Vanderbilt must comply with federal immigration regulations and employment cannot begin before the EAD start date unless the employee has another type of valid and unexpired work authorization document.
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