Can an individual on a F2 visa living in the US work "remotely" while in the US for a foreign employer?
4 attorney answers
Employment in the US is not permitted as an F. If she wants to continue working she needs a visa classification that permits employment such as L. Or if eligible as a US citizen you may petition for your wife as an immigrant.
Attorney Robert Brown's (former INS Director, 1972-99) reply to your question is general in nature, and does not constitute legal advice as all facts are known to him. For specific advice or representation you should retain an attorney experienced in immigration law. Mr. Brown's reply on AVVO does not create an attorney/client relationship not constitute legal advice.
Sponsored Listings
This would still qualify as unauthorized employment because she would be physically working from the US, regardless of where the employer is located or the funds are deposited..
Please note, the above answer is for general informational purposes only and does not create an attorney-client relationship with this attorney or her law firm. We represent clients in all 50 states and abroad.
Any foreign national on a non immigrant visa in the U.S. deriving ANY TYPE of income even remotely, is financially responsible for it as a derived income by the IRS Code. Feel free to call friendly folks at the IRS toll free number to confirm that.
With respect to U.S. immigration law that would be considered a status violation and employment without authorization IN THE UNITED STATES.
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
Sponsored Listings
Can’t find what you’re looking for?
Post a free question on our public forum.
Ask a Question- or -
Search for lawyers by reviews and ratings.
Find a Lawyer
Alexander M. Ivakhnenko
Precisely.