Can an f1 visa student work for an employer outside US with payment in foreign currency to a foreign account?
5 attorney answers
This is an interesting question. The typical answer from an immigration attorney would be "no, don't do it because any time an immigration officer comes across an atypical case they always error on the side of caution, i.e., that you were working here in the U.S. without permission and thus, in violation of your visa." However, that said, the purpose of the law is to prevent you from displacing a potential U.S. citizen worker and, since the company is based in your home country, I do not see how you would be displacing a U.S. citizen worker. In short, I do not believe you would be in violation of your status if you worked for a company back home, but immigration may disagree with me and so you have to question yourself "is it worth it?"
Not a problem if no one will know here in the US, since job performed on the computer at home, at night for a foreign employer located overseas. I know some of my colleagues will want to disagree with me, but I defy any CIS or CBP or ICE agent to prove me the contrary.
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This "general" question comes up often and you get as many different answers as lawyers who respond. Many have the view "if in doubt, don't do it' - What you need to do is go see an immigration attorney with the specifics of the job, the offer and everything else, and get a legal opinion about your own case. General advice isn't worth anything here. Good luck
It looks like a roundabout way to derive a foreign income while in the United States on a non immigrant visa, which may be a de fact violation of the status.
DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professionally competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide a competent professional opinion, however, the law and its applications change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and opinions expressed are general in nature, and may not apply to specific, factual or legal circumstances related to one's present legal issues. Contact an experienced lawyer admitted to practice in that State under an attorney-client privilege to further receive comprehensive legal assistance before making an educated decision about your particular legal issue. Respectfully, Attorney Alexander Ivakhnenko, Chicago, Illinois
You might check with your school and see what their view is. If you were on H1B I'd say you need to apply for a second H. But OPT is part of the F1.
This is a general answer only and does not imply that I am your attorney giving advice with full knowledge of all the particulars of your case or that there is any attorney client relationship. I strongly urge you to retain experienced legal counsel who can better advise you once they have reviewed all your documentation and are fully apprised of the details of your case. Rebecca Black Immigration 5800 Beach Blvd. Ste 203-176 Jacksonville, FL 32207 904-999-4928 Tel & Fax