Adjusting Status After Unauthorized Employment in the U.S.

If you have ever worked in the United States without authorization, it is natural to feel uncertain and worried about how this may affect your adjustment of status process. At Alvva, we understand what it means to seek a better life in this country because our founders went through the same journey. We have helped thousands of immigrants on their path to legal stability and know that every case is unique.

The first thing you should know is that working without authorization does not always mean you cannot obtain a Green Card. There are laws, exceptions, and alternative paths that could allow you to regularize your status. In this article, we will explore all your options and provide you with tools to make informed decisions.

What Is Unauthorized Employment?

Unauthorized employment refers to any work performed in the U.S. without the proper authorization from the U.S. Citizenship and Immigration Services (USCIS). This includes:

Working without a valid employment visa (H-1B, L1, TN, etc.).
Not having an Employment Authorization Document (EAD).
Exceeding the time limit or conditions of a prior work authorization.
Performing unpaid work that is typically a paid position (even if you did not receive wages).

Common Example: If you entered the U.S. on a tourist visa and worked, that is considered unauthorized employment. The same applies if you exceed the work restrictions of a student visa (F-1), which only allows specific types of employment.

Important: Some volunteer positions can also be considered unauthorized employment if they replace a paid worker or if the position is typically compensated. If you are unsure, consult with an immigration attorney.

If you have questions about your work history and how it may affect you, we recommend speaking with an immigration attorney or contacting us here.

Barriers to Adjustment of Status Due to Unauthorized Employment

Working without authorization can become an obstacle to obtaining a Green Card due to the following immigration laws:

INA 245(c)(2): Prevents adjustment of status if you worked without authorization before submitting Form I-485.
INA 245(c)(8): Disqualifies you from adjusting status if you worked without authorization at any time (before or after filing your application).

USCIS will review your entire work history, so it is crucial to document your case carefully before applying. If you have worked without authorization, be prepared to explain the circumstances in detail and seek legal advice to evaluate your options.

Exceptions to the Restrictions

Some people can apply for a Green Card even if they have worked without authorization. The most common exceptions include:

Immediate relatives of U.S. citizens (spouses, unmarried children under 21, and parents of U.S. citizens).
Beneficiaries of the Violence Against Women Act (VAWA).
Doctors working in areas with a shortage of healthcare professionals.
Employees of international organizations and their families.
Members of the U.S. armed forces and their relatives.

If you fall into one of these categories, you may be eligible to adjust your status. USCIS does not consider unauthorized employment as a disqualifying factor in these cases.

Section 245(k) Exception

For certain employment-based Green Card applicants (EB-1, EB-2, EB-3, and religious workers), Section 245(k) provides an exception, allowing adjustment of status if:

You entered the U.S. legally.
You have not worked without authorization for more than 180 days in total.
You have not violated the terms of your immigration status for more than 180 days.

If you meet these requirements, you may be able to continue your adjustment process without significant complications.

Employment Authorization During the Adjustment Process

Filing Form I-485 does not automatically grant you the right to work. To obtain work authorization while waiting for your Green Card, you must file Form I-765 (Application for Employment Authorization) and receive an EAD (Employment Authorization Document).

Benefits of an EAD:

Allows you to work legally without employer restrictions.
Prevents issues related to unauthorized employment while waiting for Green Card approval.
Provides job security and financial stability.

Tips for a Successful Adjustment of Status

Consult with an immigration attorney or an expert at Alvva before submitting your application.

Avoid working without authorization while waiting for your adjustment of status.

Gather all necessary documentation to demonstrate that you meet the requirements.

Apply for your EAD on time to avoid employment complications.

Prepare a detailed statement if you have worked without authorization, explaining your situation and demonstrating your intent to comply with immigration laws.

How Alvva Can Help You

At Alvva, we know that the immigration process can be challenging, but you don’t have to go through it alone.

We are immigrants helping immigrants. For over 15 years, we have provided support to our community with accessible resources so that no one has to give up their dream of living and working legally in the United States.

If you need help with your adjustment of status, contact us today, and we will guide you through every step of the process. Click here to schedule a free consultation.