Immigrants in the United States face higher deportation risks as immigration enforcement agencies now increasingly rely on Internal Revenue Service (IRS) data to identify unauthorized employment. According to a report by Lubna Kably in The Times of India, reporting income from side jobs while on visas such as H-1B or F-1 is now leading to visa denials, refusals of entry, removal proceedings, and even deportation.
“The Internal Revenue Service (IRS) has apparently shared data with Immigration and Customs Enforcement (ICE). We are starting to see people getting charged for unauthorized work—work they actually reported and paid taxes on,” said Jath Shao, an immigration attorney to Lubna.
Shao added that H-1B visa holders are particularly being questioned at embassies and ports of entry for unauthorized work they allegedly undertook as students. “At times, getting caught in another offence—such as a traffic violation—can result in fact-finding of your background and charges for unauthorized work committed years earlier, like working at a fast food joint as a student,” he said.
Although not yet widespread, immigration attorneys are warning clients to stay cautious. Guidance notes from law firms advise against taking up unauthorized work, even for small earnings, to avoid risks to immigration status.
Enforcement strategy extends beyond visa issuance
Kripa Upadhyay, an immigration attorney at Buchalter, linked the trend to a broader enforcement approach. “The ‘Extreme Vetting’ policy made it clear that vetting and monitoring of a visa holder does not cease once the visa is issued. These policies are not in silos; they are a concerted and coordinated effort to enforce the law and ensure that even the slightest deviation will be used to deny visas or expel people from the US,” she said.
H-1B visa holders, whose work authorization is tied to their sponsoring employer, remain the most exposed. “If USCIS is issuing notices regarding unauthorized work based on tax-reported side income, it could carry significant consequences,” said Abhinav Tripathi, founder of Protego Law Group. “At a minimum, USCIS might argue that the person violated status, leading to removal proceedings or problems at the port of entry during travel.”
Tripathi clarified that passive income such as interest or capital gains should not create issues, but freelance projects or monetized activities “significantly increase the legal risks of status violation.”
Tax filings under greater scrutiny
According to Lubna’s report, tax records are now under sharper scrutiny. “Traditionally, USCIS has only regarded Schedule C income as a red flag for unauthorized work, covering activities like Uber driving, selling crafts on Etsy, or consulting,” explained immigration attorney Karin Wolman.
“By contrast, Schedule B passive income such as interest income or Schedule D (capital gains including dividends) cannot be treated as evidence of unauthorized employment. These schedules cover most traditional forms of passive investment income as well as sales of a home, and of course people have to be able to move house,” she added.
Wolman also warned of blurred areas in filings. “The even greyer areas of possible concern on a tax return are Schedule E rental income and Schedule K partnerships, both of which encompass some legitimately totally passive income streams, and some that are much more active. We do not want to enter an era where immigration service officers start thinking they are qualified to analyze these,” she said.
As enforcement expands, experts underline that while side jobs may appear to provide short-term relief, they risk long-term consequences, including loss of legal status and deportation.
(With TOI inputs)
“The Internal Revenue Service (IRS) has apparently shared data with Immigration and Customs Enforcement (ICE). We are starting to see people getting charged for unauthorized work—work they actually reported and paid taxes on,” said Jath Shao, an immigration attorney to Lubna.
Shao added that H-1B visa holders are particularly being questioned at embassies and ports of entry for unauthorized work they allegedly undertook as students. “At times, getting caught in another offence—such as a traffic violation—can result in fact-finding of your background and charges for unauthorized work committed years earlier, like working at a fast food joint as a student,” he said.
Although not yet widespread, immigration attorneys are warning clients to stay cautious. Guidance notes from law firms advise against taking up unauthorized work, even for small earnings, to avoid risks to immigration status.
Enforcement strategy extends beyond visa issuance
Kripa Upadhyay, an immigration attorney at Buchalter, linked the trend to a broader enforcement approach. “The ‘Extreme Vetting’ policy made it clear that vetting and monitoring of a visa holder does not cease once the visa is issued. These policies are not in silos; they are a concerted and coordinated effort to enforce the law and ensure that even the slightest deviation will be used to deny visas or expel people from the US,” she said.
H-1B visa holders, whose work authorization is tied to their sponsoring employer, remain the most exposed. “If USCIS is issuing notices regarding unauthorized work based on tax-reported side income, it could carry significant consequences,” said Abhinav Tripathi, founder of Protego Law Group. “At a minimum, USCIS might argue that the person violated status, leading to removal proceedings or problems at the port of entry during travel.”
Tripathi clarified that passive income such as interest or capital gains should not create issues, but freelance projects or monetized activities “significantly increase the legal risks of status violation.”
Tax filings under greater scrutiny
According to Lubna’s report, tax records are now under sharper scrutiny. “Traditionally, USCIS has only regarded Schedule C income as a red flag for unauthorized work, covering activities like Uber driving, selling crafts on Etsy, or consulting,” explained immigration attorney Karin Wolman.
“By contrast, Schedule B passive income such as interest income or Schedule D (capital gains including dividends) cannot be treated as evidence of unauthorized employment. These schedules cover most traditional forms of passive investment income as well as sales of a home, and of course people have to be able to move house,” she added.
Wolman also warned of blurred areas in filings. “The even greyer areas of possible concern on a tax return are Schedule E rental income and Schedule K partnerships, both of which encompass some legitimately totally passive income streams, and some that are much more active. We do not want to enter an era where immigration service officers start thinking they are qualified to analyze these,” she said.
As enforcement expands, experts underline that while side jobs may appear to provide short-term relief, they risk long-term consequences, including loss of legal status and deportation.
(With TOI inputs)
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