Global Investor Visa

What are the consequences of failing to maintain proper nonimmigrant status for foreign employees?

A status violator is an individual who entered the United States in

a lawful nonimmigrant status but has somehow violated the terms and conditions of that Status. For example;An H-1B temporary worker in a specialty occupation is terminated, quits his job, or accepts employment with a different employer and begins work prior to the employer’s filing of a Labor Condition Application and H-1B petition on his or her behalf. 

Status Violators are Removable (Deportable): status violators face several consequences, the most obvious and immediate

being the simple fact that they are subject to removal from the United States if and when the INS becomes aware of the violation and initiates removal proceedings (INA §237(a)(I)(C)(i))

Status Violators Are Ineligible for Extension or Change ofStatus 

Status Violators are Ineligible for Adjustment of Status

Generally for aliens who entered the U.S. on a nonimmigrant visa, it is important for them to maintain their status and to engage only in activities consistent with the status. Aliens who fail to maintain status become deportable. They can neither change to said non-immigrant status nor apply for adjustment of status to permanent residence.

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