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

Asked almost 2 years ago - 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)

  1. Carl Michael Shusterman

    Pro

    Contributor Level 20

    14

    Lawyers agree

    1

    Answered . 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
    Web: www.shusterman.com (English)
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    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
  2. Justin G. Randolph

    Contributor Level 16

    1

    Lawyer agrees

    1

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

    .
  3. Joseph Gerard Cella

    Pro

    Contributor Level 13

    Answered . 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... more

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