What Is an Out of Status Visa?

Gerard Avecilla

Posted on Mon Nov 18

5 min read

Summary:

Understanding an out of status visa is crucial to avoid legal consequences like visa cancellation or deportation. This guide outlines how to recognize and rectify your visa status, particularly for F1 student and H1B employment visas. Seek expert help immediately if your visa is out of status.

When you apply for a visa, you are agreeing to enter a foreign country under specific, pre-determined conditions. If you are granted a student visa, you agree to register for and attend classes upon entering the country. If you are granted an employment-based visa, you agree to work in a pre-determined role. In most cases, your visa lasts for a set period of time, with opportunities to renew.

Those who fail to follow the rules determined by their visa status will have an out of status visa. This can negatively impact your ability to enter the country in the future. If your visa is out of status, it’s crucial to correct the error as soon as possible. A global mobility specialist can help.

In this guide, we’ll explain all you need to know about your out of status visa, including how to move forward.

How to Know if Your Visa Is Out of Status

As a visa holder, your goal should be to stay in status. In other words, you should do what it takes to maintain your legal immigration status. Those who fall out of status cannot receive employment authorization, which can make it difficult to live comfortably.

Your visa can fall out of status for one of the following reasons:

You have stayed in the country beyond the authorized period of time. For example, you have overstayed a visa. The duration of your status is based on your I-20 or DS-2019 form.
You have violated regulations governing your visa status. For example, crossing a border illegally, working without authorization, or misrepresenting facts in your visa application. Likewise, if you begin work for an unauthorized employer, you will be considered out of status.
You have failed to follow the rules determined by your visa status. For example, failing to enroll in school on a student visa or failing to get married in a 90-day window on a fiancé visa.

If your visa is out of status, you have violated U.S. immigration laws. This can have serious consequences ranging from visa cancellation to deportation.

An Adjustment of Status form on a clipboard

Examples of Out of Status Visas

F1 Student Visa Out of Status

An F1 visa is a type of non-immigrant student visa. F1 visa holders are international students who have chosen to study in the United States full-time.

The institution must accept the student before they can apply. Once granted, visa holders must enroll in an accredited institution that results in a diploma, certificate, or degree. The program determines the length of a visa holder’s stay. Form I-20 will clearly list the expiration date of your F1 visa.

To avoid making your F1 visa out of status, you must do the following:

Know your visa’s expiration date, and do not let it expire.
Get a travel signature before leaving the US.
Enroll in classes full-time during the Fall and Spring semesters.
Only work if you have valid work authorization or work on-campus at your approved institution.
Ensure your passport is valid at all times.
Update your address immediately if you move.

Be aware that students on an F1 visa have a 60-day grace period after completing their approved program of study. At that time, they may apply for Optional Practical Training (OPT).

OPT allows students to gain practical work experience in their field. You do not need a job offer to apply. You must take action within the 60-day grace period. If not, your F1 visa will no longer be in status, and you must leave the country immediately.

H1B Visa Out of Status

The H1B visa is another non-immigrant visa. It’s intended for individuals coming to the United States to work in a specific field or specialty occupation. You must possess a Bachelor’s degree in your field and have a job offer before you can apply for the H1B visa.

All H1B visas are granted in three-year increments, with a maximum duration of six years.

To avoid an out of status H1B visa, you must do the following:

Depart the country by your visa’s expiration date, which can be found on Form I-797.
Maintain a valid passport for the duration of your visa.
Only work for the employer indicated on your Labor Condition Application.
Report “compelling circumstances,” and/or file for a change of status before your H1B visa expires.

If you are laid off during your visa period, you have a 60-day grace period before you must depart the United States. During that time, a global mobility specialist can help you file for an extension or change in status.

What to Do if Your Visa is Out of Status

If your visa is suddenly out of status, the most crucial thing to do is act within your 60-day grace period. If you fail to act, there can be serious legal consequences, up to and including deportation. In some cases, you may be unable to return to the United States for any reason. For some, this can be devastating.

The team at HAYMAN-WOODWARD is here to help. We have ample experience helping those with lapsed visas remediate their status. We have the tools and expertise necessary to help you avoid consequences or even extend your visa.

Click here to learn more about working with the global mobility specialists at HAYMAN-WOODWARD. We’ll support you with your out of status student visa, fiancé visa, or H1B visa.