What Is the Penalty for Working While on a Tourist Visa in NYC?

Understanding the complicated NYC immigration laws can be difficult. If you’re visiting the U.S. as a tourist, it’s important to follow the rules of your B-2 visa because otherwise, there can be lasting consequences. If something comes up, though, you might wonder what the penalty is for working while on a tourist visa in NYC.

An immigration lawyer in NYC is particularly equipped to answer this question and others. Hiring one to help you navigate U.S. immigration law could prove very beneficial.

Defining the B-2 Visa

In 2024, almost over 6 million B-2 visas were issued. If any one of those B-2 visa holders were to participate in work activities while visiting the country, their ability to travel to the United States again could be jeopardized.

A B-2 visa is reserved for traveling to the country for pleasure, leisure, or medical care. It is strictly forbidden to do any kind of work that would result in compensation. Any activity that receives compensation can be considered work. This can include:

• Freelance work
• A traditional job
• Unpaid internships
• Working remotely for a foreign company
• Volunteering with housing provided
• Labor performed in the U.S., even if payment is received in a foreign country

What Is the Penalty for Working While on a Tourist Visa In NYC?

When immigration officers discover that a tourist has been working with a B-2 visa, they take immediate action. The first thing they might do is cancel the B-2 Visa by stamping the words “Canceled” or “Revoked” on the visa so that the tourist won’t be able to re-enter the U.S.

ICE may take the working tourist into custody, which typically occurs before they are formally removed. The individual will receive a Notice to Appear, also known as an NTA, which details the date and time they are scheduled to meet with an immigration judge, as well as the specific immigration laws that have been violated.

During removal proceedings, a government lawyer will present the case to the immigration judge. An immigration lawyer can represent you during these proceedings. After which, the judge will make their final decision. The penalty for being found guilty is a legally mandated deportation from the country.

Sometimes they offer “voluntary departure,” which means leaving the country by a specific date and paying the expenses, thereby avoiding deportation on one’s record. The visa violation will remain on record, though. If you overstay your visa and are working with a B-2 visa, the penalty can be more severe.

• Staying for longer than 180 days past the visa date can result in a three-year bar from entering the United States.
• Staying longer than a year can result in a ten-year bar.

Working while on a tourist visa could also create major obstacles later if you’d like to apply for other visas, but an immigration lawyer can help you navigate these obstacles.

Hire an Immigration Lawyer

If you are traveling in New York City under a B-2 visa and find that you need to work, it’s important to hire an immigration attorney. They can:

• Help you navigate the complex immigration visa laws
• Help you decide if you need to change your visa status
• Guide you through the necessary forms to change your visa status
• Answer questions you might have about the B-2 visa
• Provide counsel about what might be seen as work under the B-2 visa

If you have been caught working with a tourist visa, an experienced immigration attorney can:

• Help you understand your options
• Investigate the case brought against you
• Provide support through the stressful experience
• Prepare a solid argument on your behalf
• Represent you at the immigration hearing
• Appeal the decision

FAQs

What Happens if a Tourist Gets Caught Working in the U.S.?

Many things can happen at once if a tourist gets caught working in the U.S.A. When immigration authorities discover that someone with a tourist visa has been working without authorization in the United States, they will cancel the tourist visa. Then, ICE might take them into custody. Usually, this happens before the formal removal process.

The tourist will receive a Notice to Arrive, which details when they are to appear before a judge and which immigration laws have been broken.

What Are the Long-Lasting Consequences of Working While on a Tourist Visa in NYC?

The consequences of working while on a tourist visa can include being barred from reentry into the U.S. It is also viewed as a form of fraud. If the working tourist is found guilty of fraud, they could face a lifetime bar from the United States, which does not expire. The only way to get it waived is to prove extreme hardship to a permanent resident spouse, a U.S. citizen, or a parent, which can be a very difficult task.

Can You Legally Work in the U.S. With a Tourist Visa?

You cannot legally work in the United States with a tourist visa. A B-2 visa is meant for tourists, leisure activities, and medical treatments. Individuals holding a B-2 visa are strictly prohibited from working while in the country, which helps protect the market and the interests of American workers.

Anything that results in compensation is included, such as freelance work, traditional jobs, and even unpaid internships. Violating this can make it difficult to get a work visa in the future.

Can I Change My B-1 Visa Status to a Work Visa?

It is possible to change your visa status from a B-2 tourist visa to a work visa. You can potentially change your visa to a nonimmigrant visa without having to leave New York City. This would require filling out Form I-539 and providing evidence that you’re eligible to change your status. The USCIS office, located on the 10th floor of the Federal Building, would scrutinize the request, especially if it is submitted within 90 days of arrival in the country.

Contact PPID Today

At Pollack, Pollack, Isaac & DeCicco, LLP, we have over 60 years of experience representing immigration cases. If you find yourself in need of representation because you worked while on a tourist visa, we are here to help. We can utilize our in-depth knowledge of immigration law to provide personalized assistance tailored to your unique situation. Contact our office to schedule a consultation today.

About The Author

Conrad E. Pollack

Conrad E. Pollack is the Managing Partner and Director of Immigration at Pollack, Pollack, Isaac & DeCicco, LLP. He graduated Magna Cum Laude from New York University and earned his J.D. from Brooklyn Law School. With over three decades of experience in immigration law, Conrad has helped countless clients achieve their American Dream. Under his leadership, PPID has expanded significantly, opening new offices in Peekskill and Brooklyn, NY. He is a member of the American Immigration Lawyers Association and has been recognized for his professional excellence with numerous awards and distinctions. Education: Magna Cum Laude graduate from New York University; J.D. from Brooklyn Law School. Awards: Recipient of numerous professional excellence awards. Memberships: Active member of the American Immigration Lawyers Association.

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