Labor department complaint and green card concerns while going through employment-based immigration on F-1
I worked while going through EB-3 on student status.
My pay was absurdly low relative to the hours I worked,
and I worked for about a year and a half on the condition that they’d sponsor my green card.
My questions are:
1. I was fired while my green card sponsorship was in progress. So I need to report the unpaid wages to the labor department,
and if I file that report, my employer will surely report to USCIS that I engaged in unauthorized employment.
In that case, my green card process would stop — would I also lose my F-1 status? For reference, I’m on F-1 student status.
2. After receiving my green card, I reported the unpaid wages from my time working there to the labor department.
My employer will surely report my wrongful termination to USCIS — would that result in my green card being revoked?
Since a labor department complaint and immigration are unrelated, please proceed with the unpaid wages issue through consultation with a labor law attorney. Unauthorized employment falls under immigration’s domain — if the company reports taxes and this is discovered at the I-485 stage, it could result in denial. F-1 status should continue to be maintained as long as you keep maintaining your status.
Also, we’ve rarely seen a case where an already-granted green card was revoked because unauthorized employment was discovered belatedly. The examining officer makes decisions based on what surfaces during review of your past history — no one can legally guarantee this either way.
The above answer carries no legal liability, and since there is no attorney-client relationship, please be advised that we cannot bear any legal responsibility for any issue arising from this answer.
This information is provided for educational purposes only, and is not to be relied upon as legal advice. You should consult with an attorney with full disclosure of all facts and opportunity to consider all or alternative options.