Can an individual on a F2 visa living in the US work "remotely" while in the US for a foreign employer?
4 attorney answers
Generally working while in the U.S. without authorization, regardless of where payment is made or received, is not allowable.
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.
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.
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