How to Report Someone Working on a Tourist Visa USA: A comprehensive Guide

Tourist Visa USA: A person on a phone reporting a person working on Tourism Visa in the USA
An Image of a person on the phone reporting a person working with a Tourism Visa in the USA is provided by Visa Guide Source: Facebook

 

If you believe an individual is engaged in illegal employment in the United States while holding a tourist visa, it is advisable to notify the authorities.

Employing unauthorized work on a tourist visa constitutes a breach of immigration laws, carrying potential consequences such as deportation, fines, or criminal charges.

This article outlines the process of reporting someone working on a tourist visa in the USA, discusses the required evidence, and explores the potential consequences they might encounter.

What is a tourism visa? 

A tourism visa is a non-immigrant visa allowing entry for leisure purposes, like sightseeing or visiting friends.

Typically valid for a short period, ranging from days to months, these visas vary by country and may restrict activities like work or study.

They differ from business visas, which are intended for work-related travel. Some countries issue combined tourism and business visas, such as the B-1/B-2 visa for the United States.

Applying usually requires a valid passport, a photo, proof of travel arrangements, and financial means.

Additional documents may include an invitation letter or a health certificate. Application processes and fees vary, with some countries offering visa-free or visa-on-arrival options.

For instance, Nigeria provides a tourism visa on arrival for eligible travelers. It’s important to check visa requirements and travel advisories before planning a trip.

Is it illegal to work in the USA with a tourist visa?

Is a big Yes, working in the USA with a tourist visa (B1/B2) is illegal, as it is issued solely for temporary business and tourism purposes, prohibiting full-time, part-time, or volunteer jobs.

To work legally in the US, individuals must apply for appropriate work visas like H-1B, O-1, or L-1, depending on their work nature.

Violating this rule can lead to deportation, fines, or criminal charges, potentially resulting in immigration court appearances or detention.

It may also jeopardize future visa extensions, status changes, or green card applications.

It is strongly recommended not to work without a proper work permit or if the visa status does not allow it.

If offered employment on a tourist visa, individuals can apply for a status change to a work visa before their tourist visa expires.

The request is submitted to the United States Citizenship and Immigration Services (USCIS), requiring the employer to file a petition on behalf of the individual.

While job hunting on a tourist visa, applying for positions and attending interviews are allowed, provided no compensation is received and no work-related tasks are performed.

Honesty about visa status and intentions to work legally is crucial, and overstaying the authorized period should be avoided.

How to Report a Visa Holder

To report someone working on a tourist visa in the USA, start by collecting comprehensive information about the individual and their employer.

When reporting to Immigration and Customs Enforcement (ICE), the agency overseeing immigration laws, you must provide the following details:

  1. The person’s name and any aliases they may use
  2. Home and work addresses
  3. Date of birth or approximate age
  4. Country of origin and passport number
  5. Visa type and expiration date
  6. Employer’s name and address
  7. Nature and duration of their work
  8. Any evidence of their work, such as pay stubs, contracts, or invoices

Reporting can be done through three channels:

  1. Call the ICE Homeland Security Investigations Tip Line at 1-866-347-2423 (1-866-DHS-2-ICE) from the U.S. or Canada, or 1-802-872-6199 from other countries.
  2. Fill out the online HSI tip form.
  3. Contact your local ICE office.

You have the option to report anonymously or provide your contact information for case updates.

When reporting, be prepared to answer questions and provide detailed information about the person and their work.

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How to Report an Employer

The next step in reporting someone working on a tourist visa in the USA is to report their employer, potentially in violation of labor and immigration laws by employing unauthorized workers.

Employers engaging in the mistreatment of sponsored guest workers or exploitation of undocumented workers may face civil or criminal consequences, including fines, legal action, or imprisonment.

Common violations involve:

  1. Paying below minimum or prevailing wages for the occupation
  2. Deducting visa fees, transportation costs, or other expenses from the worker’s paycheck
  3. Withholding paystubs, tax forms, or other employment records
  4. Threatening to report the worker to ICE or revoke their visa for complaints or resignations
  5. Violating visa program terms, such as work hours, type of work, or work location

Reporting an employer can be done through two methods:

  1. Call the Department of Labor’s Wage and Hour Division at 1-866-487-9243 or file a complaint on their website.
  2. Call the USCIS Buy American, Hire American Workers First hotline at 1-800-255-7688 or report fraud or visa program abuse on their website.

You can choose to report anonymously or provide contact information for case updates, and you should be ready to supply evidence of the employer’s violations, such as contracts, pay stubs, or emails.

Conclusion

Engaging in employment while on a tourist visa in the USA is unlawful and carries significant repercussions for both the individual working and their employer.

If you wish to report someone who is working on a tourist visa in the USA, it is important to collect as much information as possible and reach out to the relevant authorities.

Taking these steps can contribute to safeguarding the integrity of the immigration system and upholding the rights of workers.

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