If unauthorised employment is 'overlooked' for immediate relatives of US Citizens, why bother waiting for EAD?

[peanutismint 37]

Merely playing devil's advocate here - I've heard that even though it is unlawful for immigrants to work without an EAD/green card, USCIS tends to 'overlook' it (and other offences such as previously overstaying a visa) if you're an immediate relative of a US citizen, such as a spouse. If this is the case, and there will be no action taken to you during the green card process for working without yet having EAD, why bother to follow the rules and wait for your employment document? 

 

I'm in no way advocating unauthorised employment, and would never do it myself, just trying to get my head around what deterrents there are for illegal work when A) EAD takes like 5-6 months right now in 2018 and B) most immigrants have hungry mouths to feed.....?? 

[little immigrant 801]

Well no employer will hire you. Also don't even think about submitting false documentation because this will stay on your record forever.

Edited December 14, 2018 by little immigrant

[Boiler 45,912]

The immigrant has a sponsor

 

If work is an issue begs the question why are they going through the K1. CR1 seems more obvious.

 

 

[dwheels76 5,468]

Look at it this way what employer would risk their company to hire someone illegally. Not worth it at all.

 

You ask why not do it because it's just plain wrong plain and simple so most do it the right way one because it's the legal thing to do and 2nd because who wants to always be looking over their shoulder.

 

And in this current climate overstays are no longer always a free pass. Even without a criminal record.

[mushroomspore 3,044]

41 minutes ago, peanutismint said:

Merely playing devil's advocate here - I've heard that even though it is unlawful for immigrants to work without an EAD/green card, USCIS tends to 'overlook' it (and other offences such as previously overstaying a visa) if you're an immediate relative of a US citizen, such as a spouse. If this is the case, and there will be no action taken to you during the green card process for working without yet having EAD, why bother to follow the rules and wait for your employment document? 

 

I'm in no way advocating unauthorised employment, and would never do it myself, just trying to get my head around what deterrents there are for illegal work when A) EAD takes like 5-6 months right now in 2018 and B) most immigrants have hungry mouths to feed.....?? 

Unless the employer is shady AF, they require seeing proper documents to verify our ability to be hired and to work. It has been "overlooked" up until now. But with the current climate surrounding US immigration, I wouldn't be surprised if they start talking about how they want to be harsher about it.

Edited December 14, 2018 by mushroomspore

[peanutismint 37]

All valid reasons, thanks! Helping me to understand the process a bit more. 

[belinda63 3,041]

Why would someone want to work illegally? Other than the money. There are many stories of illegal immigrants being taken advantage of at work such as not paying them minimum wage or not paying them at all. Not providing the required breaks. Of course if they are injured at work good luck getting the employer to cover any medical costs. 

[dentsflogged 352]

The only kind of place that hires those without proper documentation is the kind of place anyone with half a brain or any other option doesn't want to work at. 

[janet3 1,170]

1 hour ago, peanutismint said:

Merely playing devil's advocate here - I've heard that even though it is unlawful for immigrants to work without an EAD/green card, USCIS tends to 'overlook' it (and other offences such as previously overstaying a visa) if you're an immediate relative of a US citizen, such as a spouse. If this is the case, and there will be no action taken to you during the green card process for working without yet having EAD, why bother to follow the rules and wait for your employment document? 

 

I'm in no way advocating unauthorised employment, and would never do it myself, just trying to get my head around what deterrents there are for illegal work when A) EAD takes like 5-6 months right now in 2018 and B) most immigrants have hungry mouths to feed.....?? 

I own a business with my sister (an LLC). We employ a total of 16 people. 

My fiancé came here on a k1 visa in November 2017.

We applied for AOS in January 2018. He received his EAD on June 30, 2018.

Would it have been easy to illegally hire and pay him while waiting for his AOS?....absolutely.....

However, the consequences could be disastrous...... I could lose my business, the state and the IRS can shut you down, the federal government breathing down your neck (the fines and taxes would be astronomical). Plus there’s the 15 people I would have to throw under the bus.....

So my husband waited for the EAD and never darkened the door of my LLC until July 1st......

It’s just not worth it.....for the immigrant or the employer.

[Loafhack 32]

Because of USCIS e-verify. Because it’s risky for most businesses if caught. Because the intending immigrant runs the risk of being underpaid, overworked, and harassed by employers/ coworkers without legal repercussions. If you’re getting bored and need something to do while waiting for EAD, go volunteer at an organization or an event (make sure you’re not getting paid or signing employment stuff tho). 

[gregcrs2 1,778]

14 hours ago, peanutismint said:

 just trying to get my head around what deterrents there are for illegal work when A) EAD takes like 5-6 months right now in 2018 and B) most immigrants have hungry mouths to feed.....?? 

Immigrants should not have hungry mouths to feed.  That is the responsibility of the petitioner.

[ronniebreda 120]

The fact that you're back on this topic is worrisome. After your thread from before, if you are still so hung up on the K1 to AOS and waiting for the EAD, then your only option is to pull the K1 and marry and file for the CR1. 

[Jenny17655 284]

Wouldn't they just work off the books? why risk using false documents to obtain employment?

[Sarah&Facundo 599]

Some people above asked who would hire people illegally.
Well,  living in New York City, I could easily answer that question with....A LOT of places. SO MANY PEOPLE work illegally in NYC. I'm sure it is the same in many other major cities too. 

So it is a valid question. My husband did not work a day before receiving his EAD card. But I will tell you that he had many under-the-table offers both in New York and in New Jersey, which he declined on course. 

Edited December 15, 2018 by Sarah&Facundo

[Orangesapples 1,954]

3 hours ago, Sarah&Facundo said:

Some people above asked who would hire people illegally.
Well,  living in New York City, I could easily answer that question with....A LOT of places. SO MANY PEOPLE work illegally in NYC. I'm sure it is the same in many other major cities too. 

So it is a valid question. My husband did not work a day before receiving his EAD card. But I will tell you that he had many under-the-table offers both in New York and in New Jersey, which he declined on course. 

Yep, you can't really get a good white collar/office job if you're unauthorized. Many blue collar jobs, skilled or unskilled are also off limits, especially at big companies. But there are many low skilled jobs that just take anyone.