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O-1 visa & additional employment - possible to work in alternative field?

  • 05-02-2014 11:04pm
    #1
    Registered Users, Registered Users 2 Posts: 25


    Hi guys, I'd love to get your opinions and advice here. I have read conflicting information relating to my situation, so I want to clarify some things.

    I recently arrived in the US after obtaining an O-1 (non-immigrant) visa which is specific to a certain field relating to the entertainment industry. The visa is sponsored by my manager, so it is not specific to any one job.

    I opened bank account with BoA when I arrived (I did not need to supply a SSN to do so), and I have just received my SSN in the mail.

    I have been considering additional employment options. I'm confused as to what jobs I can accept/apply for. Hypothetically, could I work in a restaurant using the SSN I have received? Would there be any ramifications involved if I was to work in a field which is not directly related my O-1? How do the relevant authorities become aware of whether or not the job a person is doing is permissible?

    Thanks so much in advance for your help.


Comments

  • Closed Accounts Posts: 1,698 ✭✭✭iusedtoknow


    Talk to an immigration lawyer about it. They will have a fuller understanding of the restrictions on each visa type.


  • Registered Users, Registered Users 2 Posts: 1,230 ✭✭✭spideog7


    The SSN has nothing to do with it and does not give you any right to work. There's likely no way for them to know immediately if you have violated your visa restrictions but I'm sure they will eventually discover it (unless you're working under the table). Either way it is illegal and you risk being deported and permanently banned from returning.

    Since you went to the effort if getting a visa you would be best advised not to violate it. But just like any crime it is up to you weigh the risks with the reward.


  • Registered Users, Registered Users 2 Posts: 1,501 ✭✭✭lonestargirl


    The employer can use everify to establish your right to work.

    http://www.uscis.gov/e-verify


  • Registered Users, Registered Users 2 Posts: 11,569 ✭✭✭✭ProudDUB


    spideog7 wrote: »
    The SSN has nothing to do with it and does not give you any right to work. There's likely no way for them to know immediately if you have violated your visa restrictions but I'm sure they will eventually discover it (unless you're working under the table). Either way it is illegal and you risk being deported and permanently banned from returning.

    Since you went to the effort if getting a visa you would be best advised not to violate it. But just like any crime it is up to you weigh the risks with the reward.

    I agree with this. Your having a SSN is irrelevant to the matter in hand. Every one who is entitled to live and work in the US legally gets a SSN. That ranges from US citizens who are born there, to students who are merely over there for the summer on a J1 visa, to people like you. Think if it as the US equivilent of your Irish PPS number.

    If you are over there on a temporary visa, you still have to abide by the terms of the visa. If the visa only allows you to work for one employer, that's it, you can only work for that one employer, unless the INS tells you other wise. If you do work for another company, the immigration authorites will find out when you file your taxes, as your SSN will be used when you do so.


  • Registered Users, Registered Users 2 Posts: 42 duck_77


    Given the O1 is supposed to be a very specialised visa with requirements like global recognition etc, would you realistically be in this position.

    "The O-1 nonimmigrant visa is for the individual who possesses extraordinary ability in the sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture or television industry and has been recognized nationally or internationally for those achievements.
    The O nonimmigrant classification is commonly referred to as:

    O-1A: individuals with an extraordinary ability in the sciences, education, business, or athletics (not including the arts, motion pictures or television industry)"


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  • Registered Users, Registered Users 2 Posts: 537 ✭✭✭vard


    duck_77 wrote: »
    Given the O1 is supposed to be a very specialised visa with requirements like global recognition etc, would you realistically be in this position.

    "The O-1 nonimmigrant visa is for the individual who possesses extraordinary ability in the sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture or television industry and has been recognized nationally or internationally for those achievements.
    The O nonimmigrant classification is commonly referred to as:

    O-1A: individuals with an extraordinary ability in the sciences, education, business, or athletics (not including the arts, motion pictures or television industry)"

    Thanks for the responses so far.

    An O-1 can be granted based on prospective/future employment. As it was in my case. So, yes, this is the situation I'm in.


  • Registered Users, Registered Users 2 Posts: 1,230 ✭✭✭spideog7


    duck_77 wrote: »
    Given the O1 is supposed to be a very specialised visa with requirements like global recognition etc, would you realistically be in this position.

    "The O-1 nonimmigrant visa is for the individual who possesses extraordinary ability in the sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture or television industry and has been recognized nationally or internationally for those achievements.
    The O nonimmigrant classification is commonly referred to as:

    O-1A: individuals with an extraordinary ability in the sciences, education, business, or athletics (not including the arts, motion pictures or television industry)"

    If you've the right lawyer this visa can be got. I know someone who missed the H1B deadline and the lawyer got him one of these. Neither him nor his employer thought it was possible after reading the description. He had one or two mickey mouse awards for his previous work and student portfolio that was about it. Same lawyer claimed to have got this visa for truck drivers in the past.

    By the way nothing illegal was done and no lies were told it's just the way the information available was packaged up and submitted I guess.


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