How to Stay in the US While On an H1B Employer-based Visa
aka (also known as) How Not To Lose Your Status or Be Banned from the US While Here on an H1B
We hope that most people know there are limits on how they can act while in the US on a visa. Because we have helped clients who have been arrested while here on a visa, we wanted to make clear what you should NOT do while on an employer-sponsored visa.
The first thing to remember is that whatever would be a basis for denying you a visa should not be done.
These include: drug trafficking; overstaying a previous visa; or submitting fraudulent documents. In some instances there may be waivers available if you have committed some of these offenses. Our office has successfully filed waivers so please contact us if this is a concern for you.
The second thing you should remember is that with an H1B you are a “temporary worker.” You cannot stay in the US permanently with a temporary visa.
A few other things to keep in mind:
- Don’t work remotely on a daily basis as USCIS can visit your place of employment without notice and you should be there.
- Do keep a copy of your I-94 with you at all times. (Some people recommend having your visa and your passport with you but we do NOT recommend this)
- Do live within 50 miles of your place of business.
- Do not do side-jobs or get involved with any MLMs (multi-level marketing companies like Pampered Chef or Avon).
- Do file to extend your H1B in plenty of time for processing.
- Don’t get into fights with anyone – your boss, vendors, other co-workers.
- Do try to do a great job. While an H1B is not considered a pathway to citizenship your employer may be willing to sponsor you depending on what type of employee you are.
Finally, we would hate to see any of our employer clients on the debarment list with the Department of Labor, meaning they cannot apply for or hire foreign nationals for a set period of time.
To keep yourself off this list, we recommend the following to all our employer clients:
- Be Honest – don’t engage in fraud or misrepresentation
- Respond to all audit requests
- Don’t violate the Wage and Hour Division rules
By Nina Cleere for Raluca Hanea
Legal Disclaimer: The legal information presented on this post should not be construed to be formal legal advice, nor the formation of an attorney/client relationship. Any results set forth herein are based upon the facts of each particular case and do not represent a promise or guarantee for your case. Please contact our office for a consultation on your particular legal matter.