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What to do when an employee's visa expires

Learn about employee visas here!
April 27, 2022
Oyster Team
Image of visa documents

Do you have foreign employees working for your company? Are you up to speed on the visa status of each and every one? Do you know what to do if an employee’s visa expires?

Generally speaking, you have two options when an employee’s visa expires and they’re no longer legally permitted to work in the United States:

  • Work with them to renew their visa or receive an extension.
  • Allow them to work remotely from their home country.

If the individual is interested in remaining on-site in the United States, consult with them about their options for an extension and the process of renewing their visa.

If the individual is open to working remotely, you can onboard and manage them as a remote worker with the help of our extensive suite of management tools.

How long does a working visa last?

This varies from one type of visa to the next. For example, an H-1B visa has a six-year maximum. However, the maximum period of stay for an H-2B classification worker is three years. 

As an HR professional, both you and your employee(s) must know what type of visa they have and how long it’s valid. This helps prevent a situation in which the person remains in the United States for longer than legally permitted. 

The many types of visas

There are multiple types of visas that foreign employees can apply for to work in the United States. These include:

  • H1-B
  • H2-B
  • H-3
  • L-1
  • O-1
  • O-2
  • P-1
  • P-2
  • P-3
  • Q-1
  • R-1

The steps that you take when an employee’s visa expires—or is about to expire—depend largely on the type of visa they have. 

Rather than worry about what to do when an employee’s visa expires, it’s often best to employ them to work remotely from their own country. This isn’t always the right solution, but it can take a lot of pressure off of you, the employee, and your company as a whole.

About Oyster

Oyster is a global employment platform designed to enable visionary HR leaders to find, hire, pay, manage, develop and take care of a thriving global workforce. It lets growing companies give valued international team members the experience they deserve, without the usual headaches and expense.

Oyster enables hiring anywhere in the world with reliable, compliant payroll, and great local benefits and perks.

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