When someone thinks, “what happens if you overstay your US visa after coming on a work visa?”, they need clear answers, because staying beyond the authorized period can create unlawful presence, trigger 3- or 10-year bars, and complicate future immigration processes.
Even so, if the entry was legal, in many cases there are still options to fix your status, request certain immigration waivers, or apply for some humanitarian forms of relief.
Everything depends on your I-94 record, how long you have been out of status, and whether you have a qualifying relative or another legal option available. In this guide you will find the essentials:
- What it means to have overstayed your time;
- What consequences you may face; and
- What real possibilities you might have to fix your situation.
If you are close to your deadline or think you already passed it, it is advisable to speak with our immigration lawyers in Los Angeles before making any decision.
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What it means in U.S. immigration law when you ask “what happens if you overstay your US visa”
When a person says, “I entered the U.S. on a work visa and stayed,” in reality someone who is wondering what happens if you overstay your US visa is talking about three elements that immigration authorities examine very closely:
- The visa (the “sticker” in the passport):
- It is the key that allows you to request entry to the U.S.
- It can be valid or expired while you are inside the U.S. without that alone creating unlawful presence.
- The I-94 or arrival/departure record:
- It shows until what date you are allowed to remain in the country.
- This is the document that truly determines whether you are “on time” or have already stayed beyond the authorized period.
- Your current immigration status.
- It may be worker, visitor, student, etc.
- It changes if you are granted an extension, a change of status, or an adjustment of status.
That is why many people say, “my work visa expired and I stayed,” when the real problem is that their I-94 date also expired and they remained in the country.
What happens if my work visa expires and I stay?
If your work visa expires but your I-94 is still valid, you are still in lawful status until the end of the authorized period.
In this situation, anyone who came on a work visa and stayed must carefully review:
- The exact expiration date on their I-94;
- How long they went past that date, if at all; and
- What they did during that time (whether they worked without authorization, changed employers, or left and re-entered).
With this information, an immigration lawyer can determine whether there is unlawful presence, whether 3- or 10-year bars would be triggered if you leave the country, and what real options you may have to fix the situation.
Difference between an expired work visa, unlawful presence, and the 3- and 10-year bars
Not everyone who says “I stayed after my work visa expired” is in the same situation. Legally, there are three very different scenarios:
Expired visa but valid I-94
Your visa may be expired, but if your I-94 still authorizes you to remain in the country, you are in lawful status until that date.
At that point, the important thing is not to violate the conditions of your visa and to decide in advance whether you should change status or depart before your I-94 expires.
Expired I-94: unlawful presence begins
When someone remains in the U.S. beyond the I-94 date, they begin to accrue “unlawful presence.” That accrual can trigger a 3-year bar (if it exceeds 180 days) or a 10-year bar (if it exceeds 1 year) when they leave the country.
What happens if I leave the U.S. after accruing unlawful presence
If you accrued more than 180 days and then leave, you may face a 3-year bar. If you stayed more than 1 year and then left, you may face a 10-year bar.
In more serious situations (such as illegal reentry after a deportation), the bar can even be permanent.
All of this directly affects people who came on a work visa and stayed, because they may lose the ability to extend or change their status from inside the country, may be blocked from a future adjustment of status or consular process, and, if they leave to “fix things at the consulate,” may run directly into a 3- or 10-year bar.
This is why it is so important to clearly understand what happens if you stay in the U.S. illegally, which we explain in more detail in our dedicated guide.
How long can I stay in the United States with a work visa?
The amount of time you can remain in the United States after entering with a work visa depends both on the type of visa and on what your I-94 says.
Not all visas work the same way or offer the same maximum stay.
Most common temporary work visas and their typical duration
As a general reference, many visas allow initial stays of between 1 and 3 years, with extensions up to a maximum set by law. Some examples include:
- H-1B (specialty occupations): Up to 3 years initially, usually with extensions for a total of up to 6 years.
- H-2A and H-2B (temporary agricultural and non-agricultural work): Granted for the duration of the employer’s need, with a limit of around 3 years.
- L-1 (intracompany transferees): L-1A allows up to 7 years, while L-1B allows up to 5 years.
- O, P, R, and TN (extraordinary ability, artists, religious workers, and Mexican or Canadian professionals): These typically authorize periods of up to 3 years, renewable as long as the employment continues.
In addition, many people first enter with business or visitor visas to perform short-term work. If that is your situation, you will find more details in our specific guide “What is the B-1 visa” and in our content on the different types of American visas to better understand the category you entered with.
The key point is that, although the law sets general maximum limits, the decisive date is the one shown on your I-94. If your I-94 authorized you for one year, for example, you must respect that date even if the law would allow a longer stay in theory.
Employment-based immigrant visas (EB-1, EB-2, EB-3, EB-4, EB-5)
To give you a better picture of this, consider the following:
- Unlike temporary work visas, the EB categories are designed as a direct path to lawful permanent residence.
- Once a person obtains a Green Card, they no longer depend on an I-94 with an expiration date and maintain their status as a permanent resident instead.
- However, many people who first come with a temporary work visa never complete that step toward permanent residence and simply stay when their job ends or their I-94 expires.
- At that point, the risks of unlawful presence and possible immigration bars begin—the same risks we explain in the following sections.
What happens when my visa or I-94 expires and I stay in the United States?
When someone says, “I entered the U.S. on a work visa and stayed after my permission expired,” what really matters is not the visa in the passport but the date on the I-94.
If the expiration is recent, there may be a window to correct the situation before triggering any bars.
When unlawful presence stretches on (more than 180 days or more than 1 year), the 3- and 10-year bars explained above become a critical factor when planning any departure or consular process.
Options to fix your status if what happens if you overstay your US visa on a work visa
Although staying longer than allowed creates problems, in many cases there are still real options to obtain a lawful status when you are asking yourself what happens if you overstay your US visa.
Everything will depend on how you entered, how much unlawful presence you accrued, and whether you have a qualifying relative or another legal basis to apply for an immigration benefit.
Adjustment of status through marriage or a family petition
Those who entered legally, even if they later overstayed, can often adjust status inside the U.S. if:
- They marry a U.S. citizen,
- They are parents, children, or immediate relatives of a U.S. citizen, or
- They have a family petition that allows them to adjust.
Adjustment of status has its own process and timelines, which we explain in our guide. In some cases, it is also necessary to review the priority date in immigration to confirm whether the category is current.
When the goal is to obtain permanent residence, these paths can lead to a Green Card by marriage or to residence through a family petition. If you already have an approved petition, it is helpful to know what comes next after Form I-130 is approved.
Other legal options: asylum, TPS, humanitarian visas, and special protection
Depending on each person’s story, there may be alternatives beyond family-based options:
- Asylum or refugee status if there is a well-founded fear of persecution.
- TPS if their country is designated by the U.S. government.
- U or T visas and VAWA for victims of crimes, trafficking, or domestic violence.
- SIJS for minors who are under the protection of a state court.
- NACARA for nationals of certain countries.
None of these options is automatic; all require strong evidence and strict eligibility. For those who are already in removal proceedings, it is crucial to have immigration lawyers specializing in deportation.
In the employment context, some people can move from a temporary work visa to permanent residence through a PERM labor certification and an employment-based petition, although this route works best when there has been no unlawful presence.
Immigration waivers for unlawful presence and the 3- and 10-year bars
Many people who entered the U.S. with a work visa and stayed are afraid to leave the country for fear of triggering a multi-year bar.
In some cases, there is an option to request an immigration waiver, although this does not apply to everyone or in every situation.
The I-601A waiver for unlawful presence
This waiver can help when a person:
- Entered the United States legally,
- Has a qualifying relative (a U.S. citizen or permanent resident spouse or parent), and
- Can show “extreme hardship” if they are not allowed to return.
The application is filed inside the U.S., but the final interview is always at the consulate abroad. If approved, it can eliminate the 3- or 10-year bar resulting from unlawful presence.
Other, less common waivers or exceptions
In some cases, there are alternatives such as exceptions under VAWA, waivers related to U or T visas, or benefits under the old section 245(i) if there was a qualifying prior petition.
All of them require professional analysis, so it is advisable to review our guide on the different types of immigration waivers.
I was laid off while on a work visa: how long can I stay?
It is common to hear, “I came on a work visa and stayed because I was laid off.” USCIS has clear rules for this scenario and it is important to know them, especially if you are worried about what happens if you overstay your US visa.
The grace period of up to 60 days
When a worker on a work visa is terminated, USCIS grants a grace period of up to 60 days, or until the I-94 expiration date (whichever comes first). During that time, the person can:
- Look for a new employer to sponsor them,
- Request a change of status (for example, to visitor status using Form I-539), or
- Leave the country without immediately falling into unlawful presence.
This time frame is crucial: if you do not act within those 60 days, unlawful presence begins to accrue.
How to avoid unlawful presence after a layoff
To protect yourself, it is wise to:
- Not simply “wait and see,” because options quickly shrink,
- Check the I-94 date rather than focusing on the visa expiration,
- Not continue working without authorization, and
- File any change of status request before the grace period ends.
If the situation becomes complicated and there is a risk of removal proceedings, it is advisable to seek representation in the Los Angeles immigration court to avoid serious mistakes.
Changing status: from a work visa to visitor status or another lawful status
When someone says, “I came on a work visa and stayed, but I want to remain lawfully,” one option (if the I-94 has not yet expired or you are still within the grace period) is to request a change of status with USCIS.
Changing from a work visa to a visitor visa (Form I-539)
This change is common when employment ends or you cannot find a new sponsor in time. To request it, the person must:
- Have entered the United States lawfully,
- File Form I-539 before the I-94 expiration date, and
- Show that they can support themselves financially during their stay.
This is a process that requires precision; a date error or a late filing can create unlawful presence and the risk of removal.
Common mistakes that lead to an overstay
Some frequent mistakes include:
- Believing it is enough for the visa to be valid (the decisive document is the I-94),
- Filing the application after the grace period or after the I-94 has expired,
- Failing to leave the country if USCIS denies the change of status, assuming that a pending application “freezes” your status.
For those who have already stayed longer than allowed and are unsure how to live in the country legally, it is helpful to review our guide “How to live legally in the United States”.
When it makes sense to leave the U.S. and when you should speak to a lawyer first
Leaving the country without carefully evaluating your situation can be a very serious mistake for someone who entered on a work visa and overstayed.
Before making any decision, it is crucial to analyze whether leaving will help your case or, on the contrary, make things worse.
When it may be best to leave quickly
- If you went only slightly past your I-94 date (less than 180 days) and have no real options to adjust status from inside the country; or
- If you need to reset your status through a new lawful entry and you have not yet triggered any bars of inadmissibility.
When leaving could destroy your case
- If you already accrued more than 180 days and leaving would trigger the 3-year bar,
- If you have more than one year of unlawful presence, which triggers the 10-year bar, or
- If your only path to permanent residence is consular processing and you risk being stuck outside due to a bar of inadmissibility.
In scenarios like these, the safest approach is to speak with an attorney first. A professional analysis allows you to measure the risk of the bars, confirm whether you need a waiver, and evaluate whether you have an option to adjust status inside the U.S. or a safer consular strategy.
Frequently asked questions if what happens if you overstay your US visa
These are some of the most common questions from people trying to understand what happens if you overstay your US visa and what immigration consequences may apply in their specific case.
How does USCIS know that I overstayed?
USCIS and CBP have access to entry and exit records through electronic systems. Even if not every departure is recorded manually, they can see the date you were supposed to leave based on your I-94 and detect whether you remained beyond the authorized period.
Can I reenter the U.S. if I overstayed?
It depends on the length of your overstay and whether you left the country. If it was less than 180 days, the 3- and 10-year bars do not apply, but an officer may still deny your entry on a future trip.
If it was more than 180 days or more than a year, leaving the country can trigger 3- or 10-year bars, as explained in the section on unlawful presence.
For cases where there is already an immigration process underway, it is important to have legal support like that provided in situations involving immigration bonds.
Can I get another visa after an overstay?
It is difficult but not impossible. The consulate may deny new visas because you did not respect the prior time limits and, if there was significant unlawful presence, it may require an immigration waiver before approving a new visa.
What if I am Canadian or Mexican and entered without a visa?
The I-94 rules still apply. If you stay beyond the authorized period, it is also considered unlawful presence, with similar consequences in terms of bars and future visa applications or attempts to enter the country.
Immigration lawyers in Los Angeles if you came on a work visa and overstayed
If you entered the U.S. on a work visa and overstayed, there may still be options. Everything depends on very specific factors, such as:
- The exact date on your I-94;
- How much unlawful presence you accrued;
- The type of visa you entered with;
- Your employment history; and
- Whether there is a family- or employment-based path that would allow you to adjust status or request an immigration waiver.
At Lluis Law, we review every detail to identify the safest strategy for anyone concerned about what happens if you overstay your US visa, whether that means avoiding bars, pursuing a viable adjustment of status, or planning a controlled departure that does not put your case at unnecessary risk.
Our attorneys have 60 years of combined experience helping people in situations similar to yours. If you need professional guidance, call us. A timely consultation can prevent a 10-year bar or the permanent loss of your chance to obtain lawful permanent residence.
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