Work visas provide a pathway for U.S. employers to hire foreign workers and legally employ them in the country. in Texas, employers who hire workers with temporary immigration status must understand their responsibilities when an employee’s work authorization or work visas expire. Failing to effectively manage Form I-9 requirements can create legal problems for an employer, while requesting unnecessary documents or acting based solely on an employee’s immigration status can also create potential concerns. are strict, and working without authorization can create serious complications. When managing foreign worker’s immigration requirements, always seek professional guidance from an experienced immigration attorney.
An Overview of the Form I-9
The Form I-9, Employment Eligibility Verification, is a federal form used to verify an employee’s identity and authorization to work in the United States. Employers must complete an I-9 for each newly hired employee, regardless of whether the employee is a U.S. citizen or a foreign national. When completing the I-9, the employee provides information about their identity and work authorization and presents supporting documentation. Employers must review the required documents and make sure they are complete as even small mistakes or omissions could delay further processing.
What is a Work Visa?
A work visa generally refers to an employment-based immigration classification that allows a foreign national to enter or remain in the United States strictly for employment purposes and under specific conditions. Examples of work visas include H-1B visas, L-1, O-1, and other temporary employment classifications.
Work visas are generally temporary and are tied to the specific immigration category under which the employee was approved to work. As different work visa categories have different rules, employers should understand what type of visa or employment authorization an employee has and when it is scheduled to expire. Keeping accurate I-9 records and paying attention to expiration dates can help employers address work authorization issues before they become a problem.
What Happens When a Work Visa Expires?
When an employee’s work visa is about to expire, the employer should address the expiration as part of its Form I-9 compliance responsibilities. The employer should determine whether the employee has continued authorization to work and whether the employee’s Form I-9 needs to be updated or recerified.
It is important to understand that the expiration date on a visa is not always the same as the expiration date of the employee’s authorization to work in the United States. A visa generally concerns a person’s ability to enter the country, while work authorization determines whether the person may legally work.
If the employee’s employment authorization is also expiring, the employer generally must also recertify the employee’s authorization before it expires. The employee must provide acceptable documentation showing the need for continued authorization to work, and the employer completes the required portion of Form I-9.
Employers should also be aware that an employee may have applied for an extension or otherwise obtained continued work authorization before the original visa or authorization expired. The rules depend on the employee’s particular immigration status and circumstances.
For this reason, when an employee’s work visa is nearing expiration, an employer should not terminate the employee or assume that the employee is no longer authorized to work. Instead, the employer should follow the applicable I-9 procedures and determine whether the employee has documentation establishing continued work authorization.
Get Legal Guidance on I-9 Compliance and Immigration Requirements
Dealing with an employee’s expiring work visa or employment authorization can be complicated. Employers must comply with federal I-9 requirements while also making sure they do not request unnecessary documentation or act based on incorrect assumptions about an employee’s immigration status.
An experienced immigration attorney from Aspire Immigration can help your Texas business understand it’s I-9 responsibilities, address expiring work visas and employment authorization, and determine what steps to take when an employee’s immigration status changes. If you have questions about an employee’s work authorization or are unsure how to manage an upcoming expiration, don’t take chances with your business. Contact us today to speak with an attorney for guidance and help ensure your company remains in compliance with federal immigration laws.
