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Is it illegal to give money to a coworker who has an OPT (employment authorization) pending? Is there a legal way to do that?

Los Angeles, CA |

I have a coworker who has their employment authorization pending, and it was apparently held up due to high volume around this time of year. This is my first job, and I know nothing of taxes or immigration law. They need an advance because of life events, and they figured they could go through me because I'm a US citizen. I really want to help my coworker, they are a good person, but I also don't want to break the law. Would just getting the money as my salary, and then giving it to them as a gift be technically legal?

Attorney Answers 3


A salary would be illegal. An unsolicited gift from a co-worker is not.

Please click the link below for additional information.

Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
Board Certified Immigration Attorney (1986 - Present)
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600 Wilshire Blvd., Suite 1550
Los Angeles, CA 90017
(213) 394-4554 x0
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(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

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I agree with my colleague. This would not be illegal.


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A gift or loan would not violate the law. I agree with my esteemed colleagues.

National Toll Free: 877-583-7080. Joseph Cella, Esq. has been practicing Immigration Law for 19 years. The answers provided herein neither constitute legal advice, nor create an attorney/client relationship.

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