Myth Busted: Can You Start Working as Soon as Your Visa Is Filed?

A common and often dangerous misconception among foreign nationals and even some employers is the idea that "Can I start working as soon as my visa is filed?" The core myth here is that filing an application for a U.S. work visa or employment authorization automatically grants you permission to begin working. The reality is much simpler, yet crucial to understand: You must first wait for the approval of your application before you can legally commence employment in the United States. Ignoring this fundamental rule can lead to severe immigration penalties, including visa denials, future bars to entry, and even deportation.

Myth Debunked: Approval is Key, Not Just Filing

The belief that merely submitting a visa application or a petition for employment authorization grants immediate work permission is unequivocally false and a frequent source of trouble for individuals. U.S. immigration law is very clear: you are generally not authorized to work in the United States until your specific application for work authorization has been approved by U.S. Citizenship and Immigration Services (USCIS) or, in some cases, until a visa has been issued at a U.S. Consulate abroad and you have entered the U.S. in the correct status.

The act of "filing" an application simply means that your request has been submitted for review. It does not confer any new immigration benefits or privileges, including the right to work. USCIS must process the application, verify eligibility, conduct background checks, and then formally issue an approval notice. This approval notice (or, for certain visas, the visa stamp in your passport upon entry) is your official authorization to work.

There are very limited exceptions, such as H-1B portability rules which allow certain H-1B workers to begin new employment upon the filing of a new H-1B petition by a new employer, but this only applies if they are already in valid H-1B status. For most initial work visa applications (like a new H-1B, L-1, E-2, O-1), or for an initial Employment Authorization Document (EAD) tied to a Green Card application, the rule is to wait for approval. The idea of an "automatic" start date upon filing simply does not exist in most scenarios, and acting on this myth can have devastating consequences.

Key Steps and Requirements: The Waiting Game and Proper Authorization

Understanding the correct sequence of events for work authorization is vital:

1. Petition/Application Filing: The process begins when the appropriate petition (e.g., Form I-129 for nonimmigrant workers like H-1B, L-1, O-1; Form I-526E/I-526 for EB-5 investors) or application (e.g., Form I-765 for an Employment Authorization Document) is properly submitted to USCIS. For some visas, like E-2 or TN for Canadians, the process might involve direct application at a U.S. consulate or port of entry.

   
   

2. Processing by USCIS/Consulate: Your application then enters the processing queue. This stage involves:

   • Initial Review: Verification that the application is complete and correctly filed.

   • Background Checks: Extensive security and identity checks.

   • Adjudication: A USCIS officer reviews your case against legal requirements. This can lead to a Request for Evidence (RFE) if more information is needed.

     
     

3. Approval Notice: If your petition/application is approved, USCIS will issue an I-797 Approval Notice. For certain visa types (e.g., H-1B Change of Status), this notice indicates your new authorized status and effective work start date.

   
   

4. Visa Stamping/Entry (if applicable): If you are applying for a visa from outside the U.S., approval of the petition (e.g., I-129) is followed by an interview at a U.S. consulate. Upon successful interview, a visa stamp is placed in your passport. You can then travel to the U.S. and, upon entry, will be granted the specific nonimmigrant status that authorizes your work.

   
   

5. Employment Authorization Document (EAD): For categories like Adjustment of Status (Green Card application) or certain dependent visas, an EAD (Form I-765) provides the direct authorization to work. You must wait for the physical EAD card to be issued and be within its validity dates before starting employment.

   
   

Crucial Point: Your start date for work is governed by the effective date on your approval notice (I-797) or the validity period of your EAD card, or the date you enter the U.S. in the new visa status. It is rarely the date of filing. While Premium Processing is available for some petitions (like I-129 and I-140) to expedite USCIS's review to 15 calendar days, this still means waiting for an approval decision, not just filing.

Common Pitfalls and Misunderstandings

Acting on the myth that you can start working as soon as your visa is filed can lead to severe and irreversible consequences:

• Unlawful Employment: Beginning work before receiving explicit authorization is considered "unauthorized employment."

• Visa Denial/Revocation: USCIS can deny your current application or petition, and potentially revoke any existing nonimmigrant status.

• Future Bars to Entry/Benefits: Engaging in unauthorized employment can make you inadmissible to the U.S. in the future, impacting subsequent visa applications, green card applications (especially Adjustment of Status within the U.S.), and even citizenship.

• Accrual of Unlawful Presence: If your previous authorized stay expires while you are working unlawfully, you begin accruing "unlawful presence," which can lead to multi-year bans from returning to the U.S.

• Employer Penalties: Employers who knowingly employ individuals without proper work authorization face significant civil and criminal penalties.

• Financial Loss: Losing your investment in an application and potentially being unable to pursue your U.S. career goals.

The negative consequences are severe and can permanently damage an individual's immigration record and future prospects in the United States.

Why Professional Legal Guidance Is Crucial

U.S. immigration law regarding employment authorization is complex and fraught with potential pitfalls for the uninformed. The specific rules for when one can begin working vary significantly based on the type of visa, whether it's an initial application, a change of status, an extension, or a transfer, and whether the individual is in the U.S. or abroad.

An experienced immigration attorney can:

• Provide precise guidance: Clearly explain when you are legally authorized to begin working based on your specific visa type and situation.

• Prevent unauthorized employment: Ensure you understand and comply with all timing requirements, safeguarding your immigration record.

• Strategize for continuity: Advise on maintaining legal status and work authorization, especially when transitioning between visa types or applying for an EAD.

• Navigate complex scenarios: Address specific situations like H-1B portability or the intricacies of consular processing vs. adjustment of status.

• Protect against penalties: Help you avoid actions that could lead to denials, bans, or other severe consequences.

Don't gamble with your immigration future. Understanding the exact moment you are authorized to work is non-negotiable.

Secure Your Legal Right to Work in the U.S.

Are you eager to start your new job or business venture in the United States? Ensure you do so legally and correctly. Don't fall for the myth of immediate work authorization upon filing.

Contact us today for a consultation to clarify your specific work authorization timeline and ensure full compliance with U.S. immigration law.