What is "unlawful status"?

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The term "unlawful status" refers to any form of immigration status other than legal status. If a nonimmigrant foreign national fails in any way to maintain status, he or she is in "unlawful status." The following is a nonexclusive list of examples of acts that result in a nonimmigrant violating his or her lawful status:

• Any nonimmigrant who remains beyond the expiration date on his or her I-94 departure record without filing an extension or change of status application prior to the I-94 expiration date.
• A student who takes fewer than the minimum required load of classes, without the explicit permission of the school's DSO.
• A nonimmigrant in a non-working classification who accepts any employment.
• A nonimmigrant in a working classification who accepts employment from anyone other than his or her petitioning employer.
• An H1B nonimmigrant who fails to work in accordance with the specific terms of the underlying LCA and H1B petition.
• An H1B nonimmigrant who does not receive pay while in H1B status.

When a nonimmigrant violates his or her status, they cannot go back into status without first leaving the United States and then making a new lawful entry. In most cases, even a single violation of status renders a person permanently ineligible to apply for adjustment of status later.