What to do when your work visa expires in California?
Download our eBook to learn the top 7 California labor laws you need to know. When your employee's work visa is about to expire, you will need to review their documentation, a process called reverification. For this, they will need to present their new work permit and required supporting documents.
What should you do when your employee's work permit expires?
If any renewal is denied, you must terminate the employee. If you have employees who are on any kind of temporary work visa or permit, it's your responsibility to ensure that you don't continue to employ them after their permit expires. However, you also need to make sure that you don't take illegal adverse action or discriminate against them.
What is the expiration date on a visa?
The visa expiration date is shown on the visa along with the visa issuance date. The time between visa issuance and expiration date is called your visa validity. The visa validity is the length of time you are permitted to travel to a port-of-entry in the United States.
Can I stay in the US with an expired visa?
A visa is considered an entry document and can expire while you are in the U.S. There is no issue if your visa expires while you are legally present in the U.S. As long as your status is still valid and you continue to follow all immigration regulations, you can continue to remain in the U.S. even if your visa has expired.
Can you work if your work visa expires?
Unfortunately, your employer can legally terminate your employment once your work EAD expires. However, it does not have the right to discriminate against you in advance of your work permit expiration date.
How long can you stay in the US after your work visa expires?
60-Day Maximum Grace Period The new rule provides that you're still in lawful status, in other words permitted to remain in the U.S., for up to 60 days between jobs.
Can an employee work with an expired EAD?
Even an approval notice alone is not sufficient, without the actual EAD. When an employee's EAD on file expires, and the worker is unable to present a new proper document for purposes of the I-9, the employer must take the worker off payroll.
Do employers have to reverify permanent resident cards?
Do we need to be reverify those permanent resident cards at a later date?” Answer: No. You do not reverify lawful permanent residents. Lawful permanent residents are permitted to work in the United States on a permanent basis.
Will I be deported if my visa expires?
If you remain in the United States past the expiration date of your issued Form I-94, this is what's known as overstaying your visa. The consequence of doing so can be pretty serious including facing deportation and being barred from returning to the United States.
What happens when visa expires?
If you overstay the end date of your authorized stay, as provided by the CBP officer at a port-of-entry, or United States Citizenship and Immigration Services (USCIS), your visa will generally be automatically be voided or cancelled, as explained above.
What happens if I work with an expired EAD?
In days past, when an EAD card expired, the foreign worker had to immediately stop working even if he or she was in the process of renewing their EAD card. Unless and until the EAD application was approved by USCIS, the employee could not legally show up to work.
Is there a grace period for expired employment authorization card?
The “Card Expires” date on the EAD has passed but they are still covered under the automatic extension of up to 180 days. They now have an additional extension of up to 360 days, for a total of up to 540 days past the expiration of their employment authorization and/or “Card Expires” date stated on their current EAD.
Can I work while waiting for work permit renewal?
You can only work until your work permit expires and then cannot work or study until you receive a new permit.
Can you be deported because of an expired green card?
Can you be deported because of an expired green card? You can only be deported from the U.S. if your lawful permanent residency status is no longer valid. Since your lawful permanent resident status is not linked to your green card's validity, you won't be deported simply because your green card has expired.
What happens if an employee does not complete i-9?
Do we have to pay an employee who terminated employment before completing Form I-9? Yes. An incomplete I-9 form does not affect an employer's ability or obligation to pay an employee. The I-9 form is used to verify eligibility to work in the U.S. and does not affect payroll.
Do employees have to fill out a new I-9 every year?
Employees rehired three years after you originally completed their Form I-9 must complete a new Form I-9.
How long can I stay in the US after my H-1B job ends?
for 60 daysYou can stay in the US for 60 days if you lose your H1-B job. USCIS allows a grace period of up to 60 days for non-immigrant workers in E-1, E-2, E-3, H1B, H1B1, L-1, O-1, and TN status.
How long can I work in the US without a visa?
The Visa Waiver Program (VWP) enables most citizens or nationals of participating countries* to travel to the United States for tourism or business for stays of 90 days or less without obtaining a visa.
How long can you overstay your visa in USA?
If you have more than 180 days of unlawful presence, meaning you overstayed your visa by 181 days or more, you will be barred from returning to the United States for a certain amount of time. If you were unlawfully present for between 180 and 365 days, you will be barred from entering the United States for three years.
How long can you stay in US without a visa?
90 daysThe Visa Waiver Program (VWP), administered by the Department of Homeland Security (DHS) in consultation with the State Department, permits citizens of 40 countries to travel to the United States for business or tourism for stays of up to 90 days without a visa.
What happens if you hire someone but their visa expires?
Another situation employers can find themselves in is that they employ an immigrant who has a limited visa, but continue to employ that person after their visa expires.
What are your obligations to an employee who has no visa?
YOUR OBLIGATIONS TO AN EMPLOYEE WHO HAS NO VISA. In either of the situations described above, you have competing obligations. On the one hand, the law says that you must not continue to employ them. If you do, that exposes you to a penalty. Yet you also have obligations to your employees, whether under the terms of employment ...
How to avoid hiring someone beyond their entitlement?
To avoid unwittingly hiring someone beyond their entitlement to work, you should carefully record or diarise a review of their conditions prior to their lapse.
What happens if you dismiss an employee without a fair process?
If you were to simply dismiss your employee without a fair process, you might run the risk of breaching those employment obligations.
How to avoid a penalty for hiring an immigrant?
To avoid a penalty for hiring an immigrant you later find out is not entitled to work, you must demonstrate that you took reasonable precautions and exercised due diligence to ascertain whether they were in fact entitled to work.
What to do if you are not entitled to work?
Advise them that if they are not entitled to work, you will need to terminate their employment. Invite them to bring a support person to the meeting if they wish. Meet with the employee and listen to their response. Ensure that there are no misunderstandings about their entitlement to work.
What does it mean to ask someone to give you a copy of their visa?
At the very least, that means asking whether someone is entitled to work as part of the hiring process and requesting a copy of their visa where appropriate.
What happens if your visa expires?
Whether you are on a visitor visa, study permit, or work permit, an expired visa is something to take seriously as it could lead to serious problems and possible deportation.
How long do you have to renew your work permit before it expires?
If you have a work permit that expires, you should always apply for an extension of your work permit at least 90 days before it expires. This is because immigration may take a long time to renew it. It is very important to stay on top of your study permit expiration as it could also cause problems for you and your place of employment.
What happens if you stay out of status?
Staying beyond the period of time authorized, by the Department of Homeland Security, and out-of-status in the United States, is a violation of U.S. immigration laws, and may cause you to be ineligible for a visa in the future for return travel to the United States.
Do visas expire?
The status does not end when the visa expires. However, you will require a valid visa anytime you seek entry into the U.S. If your visa expires and you are traveling internationally, you will need to get a new visa or else you will not be able to return to the U.S.
What happens after six months
If closer to the end of the six months’ period your employee tells you that they have not yet received a decision on their application, you have to repeat the procedure and obtain clearance for another six months. There is no limit to how long the Home Office may take to process a visa extension application.
Expediting visa applications
Note that it is possible to expedite most visa applications, but it may cost extra. There is premium service for 24-hour decision making for most visas. There is also a 10-business-day service for Tier 2 visa application.
Post Author
Helena is the founder and managing director of Kadmos Consultants. She was called to the bar in 2005 and has been specialising in immigration since 2006. She is registered as Level 3 (OISC top level) immigration advisor with a licence for Judicial Review case management.
What form do you use to reverify an employee?
If you reverify your employee using a paper Form I-9:
What documents do you need to present to a Social Security employee?
The employee must present a document that shows current employment authorization, such as any document from List A or C, including an unrestricted Social Security card. You must reject a restricted Social Security card and ask the employee to provide a different document from List A or C.
How to reverify an I-9?
If you reverify your employee using a paper Form I-9: 1 Enter the employee’s full name from the original Form I-9 at the top of Section 2. 2 Leave both the Citizenship/Immigration Status field and the rest of Section 2 blank. 3 If the employee’s name has changed, enter the new name in Block A of Section 3. 4 Enter the document title, number and expiration date in Block C of Section 3. 5 Sign, date and enter your name in Section 3. Keep this page with the original.
Where to enter employee's full name on I-9?
Enter the employee’s full name from the original Form I-9 at the top of Section 3.
Can I continue employing a person who does not provide proof of employment authorization?
You can also accept certain receipts for reverification; see the Acceptable Receipts table in Section 4.3, Acceptable Receipts, for more information. You cannot continue employing a person who does not provide proof of current employment authorization. Complete Section 3 of the employee’s original Form I-9. If you already used Section 3 ...
What is the expiration date of a visa?
The visa expiration date is shown on the visa along with the visa issuance date. The time between visa issuance and expiration date is called your visa validity. The visa validity is the length of time you are permitted to travel to a port-of-entry in the United States.
What happens if you stay out of status?
Staying beyond the period of time authorized, by the Department of Homeland Security, and out-of-status in the United States, is a violation of U.S. immigration laws, and may cause you to be ineligible for a visa in the future for return travel to the United States.
What if I Decide to Stay Longer and am Out-of-Status with the Department of Homeland Security?
You should carefully consider the dates of your authorized stay and make sure you are following the procedures. Failure to do so will cause you to be out-of-status.
What to do if you have an adjustment of status?
If you have applied for adjustment of status to become a permanent resident (LPR, also called green card holder), you should contact USCIS regarding obtaining Advance Parole before leaving the United States .
How many entries can a visa be issued from?
Depending on your nationality, visas can be issued from a single entry (application) up to multiple/unlimited entries.
Does a visa expire?
Please be aware, a visa does not guarantee entry to the United States. Additionally, the visa expiration date shown on your visa does not reflect how long you are authorized to stay within the United States. Entry and the length of authorized stay within the United States are determined by the Customs and Border Protection (CBP) ...
Who determines the length of a CBP visit?
Upon arriving at a port of entry, the CBP official will determine the length of your visit.
Do employers have to verify an I-9?
Employers must verify that an individual whom they plan to employ or continue to employ in the United States is authorized to accept employment in the United States. For more information about the employment authorization verification process, see our I-9 Central page.
Can a non-citizen work in the US?
No noncitizen may accept employment in the United States unless they have been authorized to do so. Some noncitizen, such as those who have been admitted as permanent residents, granted asylum or refugee status, or admitted in work-related nonimmigrant classifications, may have employment authorization as a direct result of their immigration status. Other noncitizens may need to apply individually for employment authorization.
Can an employer terminate an employee who does not have an EAD?
If an employee has applied for an extension of an employment authorization document (EAD), but does not have the document at the time of reverification, an employer is not required to terminate that employee as long as the decision is consistent with its internal workplace policies . However, during the time between the expiration ...
Can an employee work after an EAD expires?
However, during the time between the expiration of an employee's EAD and when the employee presents new work authorization documentation, the employee should not work and should not be paid. In some situations, an employee whose work authorization has expired could be eligible for a 180-day automatic extension.
What happens when an employee's EAD expires?
When an employee’s EAD on file expires, and the worker is unable to present a new proper document for purposes of the I-9, the employer must take the worker off payroll. Sometimes, depending on comfort level, the employer might place the individual on a leave of absence instead of terminating him or her because of the administrative burdens associated with termination in all internal systems. The definition of “employee” is someone who provides services or labor for wages or other remuneration. Therefore, arguably, if the employee does not engage in services or labor and is not being paid, there would be no liability for employing an individual without work authorization. Other, more cautious employers would typically terminate the individual in all internal systems.
How long does it take for a DACA renewal to be issued?
An application for an EAD renewal may not be filed more than 120 days before the previous EAD expires and USCIS sometimes takes even longer than the 90-day statutory period it is given to issue the document.
When should an employer prepare a new I-9?
When the individual is once again employment-authorized, following a lapse in employment authorization, the employer should prepare a new I-9 or use Section 3 to document this situation as a rehire instead of reverification. If there is a lapse in employment authorization, this should be treated as a rehire to properly document that the employee was not employed without authorization. Any amount of unauthorized employment, especially when the employer knows of the unauthorized status of the employee, is a very serious issue.
Can you volunteer for an employer without pay?
There are very limited exceptions that would allow a worker to volunteer for an employer.
Can an approval notice be taken off payroll?
Even an approval notice alone is not sufficient, without the actual EAD. When an employee’s EAD on file expires, and the worker is unable to present a new proper document for purposes of the I-9, the employer must take the worker off payroll.
Can I work with an expired I-9?
If an individual’s EAD on file with their I-9 form is expired, they do not yet have the new EAD to present to the employer for verification, and they do not have any other documents from the I-9 acceptable documents list (A-C), they may not work for pay in the United States, with the exception of an application for a STEM Optional Practical Training (OPT) extension which allows an employee to continue working lawfully for 180 days after the expiration of the previously issued EAD. It is not enough to only apply for an EAD. The only time an employer may accept a receipt for a pending EAD would be if the receipt is for a replacement of a lost, stolen or damaged document—not simply an initial document or a renewal—and only for 90 days. Even an approval notice alone is not sufficient, without the actual EAD.
Two Scenarios
Your Obligations to An Employee Who Has No Visa
- In either of the situations described above, you have competing obligations. On the one hand, the law says that you must not continue to employ them. If you do, that exposes you to a penalty. Yet you also have obligations to your employees, whether under the terms of employment that you both signed or the general provisions under the Employment Relations Act 2000 to act fairly, rea…
A Suggested Approach
- As I have explained elsewhere, you can fairly dismiss an employee if you have good reasons for ending their employment and follow a fair process to arrive at your decision to dismiss. There is no doubt that you have good reasons to dismiss an employee if they are not entitled to work. So that aspect is covered. Nevertheless, you must still follow a fair process as far as possible – tho…
Conclusion
- When you employ staff, you must take care to ask about their entitlement to work in NZ and to seek proof of that entitlement where appropriate. Failure to do so could lead to you employing someone who is not entitled to work and receiving consequent penalties. If you find out that someone is no longer entitled to work in NZ, or was never so entitle...