What to do when an employee's visa expires

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.

Review Your Legal Obligations

Here's what you must do immediately when an employee's visa expires: stop their employment until they provide valid work authorization. The Immigration Reform and Control Act (IRCA) makes it unlawful to knowingly employ anyone without proper work authorization.

The consequences of non-compliance are serious:

• Civil fines: Monetary penalties for employing unauthorized workers
• Criminal charges: In severe cases, criminal liability
• I-9 compliance: You must maintain accurate forms and reverify eligibility with updated documents

Track Visa Expiration Dates Proactively

Want to avoid a visa crisis? Set up a tracking system before you need it.

• Timeline: Set reminders 90-180 days before expiration
• Tools: Use HR software or a dedicated calendar system
• Documentation: Track all employees with time-limited work authorization

This early warning gives everyone time to explore options and gather documents. Plus, tracking all employees consistently helps you stay fair and avoid discrimination claims.

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.

Here's a practical alternative: consider remote work from their home country. It's not always possible, but it can solve the problem for everyone involved.

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.

Understand Renewal And Extension Options

So what are your actual renewal options? It depends on the visa type:

• Extensions: Some visas like H-1B allow employer-filed extensions
• New applications: Other categories require fresh visa applications
• Status adjustments: Some employees may qualify to change their immigration status

Start early—this can't be stressed enough. Some employees can keep working after expiration if you've filed a timely extension, but you must verify the rules for their specific visa category.

Consider Global Remote Work Alternatives

What if renewal isn't possible? You don't have to lose great talent. Offering remote work from their home country eliminates U.S. immigration complexities entirely.

Using a global employment platform like Oyster allows you to compliantly employ team members almost anywhere in the world. We handle local contracts, payroll, and benefits, so you can retain your talent without setting up a local entity or navigating unfamiliar labor laws.

Book a demo to learn more.

Navigate The Next Steps

Managing an expiring employee visa requires proactive tracking, clear communication, and a solid understanding of your legal duties. By planning ahead and exploring all available options—from visa renewals to global remote work—you can navigate this challenge with confidence. Whether you're managing visa renewals or exploring global remote options, you can start hiring globally with Oyster's compliant employment platform.

Frequently Asked Questions About Visa Expiration

Can I hire someone with an expired work visa?

No. The Immigration Reform and Control Act makes it unlawful to hire anyone without valid work authorization.

What happens if an employee's work visa expires?

You must suspend or terminate them immediately if they can't provide valid authorization. Even one day of unauthorized work is unlawful.

How far in advance should I track visa expiration dates?

Set reminders 90-180 days in advance to allow time for renewals and paperwork.