Moving to the United States for work can be exciting, especially for first-timers. However, many first-time workers are unsure what they can and cannot do if their visa application, extension or change of status is still under review.
The rules depend on your visa category and the type of application that is pending. Before accepting work or changing employers, try to make sure you understand what your immigration limits are.
Does a pending visa application automatically let you work?
No. A pending visa or immigration application does not automatically give permission to work in the United States.
In most cases, you must have an official work permit before you can begin employment. If you are outside the U.S. waiting for your first employment visa to be approved, you cannot travel to the U.S. to start working until your visa has been issued and you have been admitted under that status.
If you are already in the United States, your ability to keep working depends on your current immigration status and the type of application that is pending.
Common work limitations for first-time visa holders
If your visa or immigration application is under review, you may face several restrictions, including:
- You have to wait until you have the required work authorization and have entered the U.S. under the correct status, if applicable.
- You must work only for the approved employer
- You cannot work outside your approved role
- You may need additional approval before changing employers
- Self-employment is often prohibited
Following these restrictions helps protect your immigration status while your case is being processed. Because the consequences can have a domino effect, it is best to confirm your work eligibility before accepting any employment.
Seeking legal guidance before starting work or changing jobs can help you avoid mistakes that may affect your future immigration opportunities.
