
If you have a tourist visa and have entered the United States, it is imperative to understand that you cannot legally work while holding a B-2 visa. If you wish to begin working in Milwaukee or the surrounding Wisconsin communities, you must obtain valid work authorization allowing you to do so. As such, please read on to learn more about the impacts of working in the U.S. with a tourist visa and how a seasoned work authorization permit lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can help you go through the proper legal channels to obtain employment.
Am I Eligible to Work in the United States With a Tourist Visa?
The short answer is no, you are not allowed to work in the United States while only carrying a tourist visa (i.e., B-2 visa). This is because, simply put, different visa types require different application processes, have different eligibility requirements, and have different functions overall.
This is to say that a tourist visa, as the name suggests, is issued for a limited time (i.e., usually up to six months) and is meant for leisure travel activities. On the other hand, a work authorization visa carries a more extensive timeframe (i.e., usually spanning multiple years) and is meant for business and employment activities with an approved U.S.-based employer. It is worth mentioning that if you attempt to work while on a tourist visa, it may be revoked, effective immediately, by the United States Citizenship and Immigration Services (USCIS), prompting your premature departure from the country.
U.S. immigration law requires authorities to strictly enforce these rules, and you’ll find that unauthorized employment can have considerable long-term immigration impacts beyond the immediate revocation of your tourist visa.
Key Rules About Tourist Visa Work Restrictions
- B-2 tourist visas do not permit any form of employment in the United States
- Even informal, short-term, or cash-based work is considered unauthorized employment
- Violating the terms of your visa can result in the revocation of your visa and your removal from the U.S.
- Unauthorized work can have an impact on future visa and green card applications
Why Is Working on a Tourist Visa Prohibited?
The purpose of a visa is to allow a non-citizen to enter the United States for specific purposes and durations. Tourist visas are strictly limited to activities like visiting family, vacationing, and leisurely travel, not employment.
Key Differences Between Tourist and Work Visas
- Tourist visas are exclusively intended for leisure travel
- Work visas require applicants to meet specific requirements and complete a detailed application process
- Employment visas require an eligible, U.S.-based employer to sponsor the petition
What Happens if You Work Without Authorization in Wisconsin?
In the event you are caught working in Milwaukee County or the surrounding area without proper work authorization, you can face serious consequences, as this is considered a violation of U.S. immigration law. As such, the penalties you can face may extend beyond the duration of your current visit in the country.
Consequences of Unauthorized Employment
- Immediate revocation of your tourist visa
- Potential removal proceedings (deportation)
- You may find that future visa or green card applications are denied
- You may be deemed inadmissible, which can impact your ability to re-enter the U.S. at a later date
What Do I Need to Get Work Authorization in the United States?
To reiterate, obtaining work authorization privileges in the United States requires a whole other set of steps and requirements to be met. In this specific example, let’s reference the employment authorization document (EAD).
Step-by-Step EAD Process
- Create an account on the USCIS’s website
- Fill out and file Form I-765, Application for Employment Authorization
- Supplement this form with any other relevant, required documentation
- Pay the required filing fee of approximately $520 (subject to change; check the fee schedule before filing for the most accurate information)
It is worth mentioning that acquiring an EAD card does not require sponsorship by a U.S.-based employer. However, other work visas, such as an H-1B visa, have this extra step.
Who May Be Eligible for Work Authorization in Milwaukee?
If you would like to pursue work authorization in Wisconsin, it’s important to understand that factors like your current immigration status and the category for which you are applying will be taken into consideration when determining your eligibility.
Common Eligibility Limitations and Inadmissibility Factors
- Certain criminal offenses may prevent approval
- Diagnoses of communicable diseases can impact eligibility
- Concerns for national security or terrorism are automatic disqualifiers
- Some applicants may be eligible for an ineligibility waiver
Contact an Experienced Milwaukee, WI Immigration Attorney Today
At the Sesini Law Group, S.C., we understand that navigating immigration matters can be incredibly challenging. That is why our firm is here to guide you through every step of the process. If you are looking to begin working in the United States, do not hesitate to contact our dedicated firm to learn more about your options and how we can assist you in this process.
