| Q. |
F-1 students
1. Is it legal for a business to pay students who are on F-1 visa in US, even if the work the students are doing is freelance in nature?
2. Is it legal for F-1 students to accept payment for freelance/contract work?
3. Does it matter where the business is based? In US or abroad?
Thanks.
User's Location:
Springfield, Illinois, United States of America
Category:
Temporary Student Visa (F,M,J)
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| A. |
Thank you for your question.
First of all, students on F-1 visa cannot work for any external to their university employer without proper authorization. The proper authorization for students is either properly endorsed I-20 or employment authorization document (EAD) issued pursuant to an Optional Practical Training (OPT) program.
Second, work is defined very broadly for purposes of work authorization. Work covers essentially any job or duty which would, under normal circumstances, be paid work. Thus, if you volunteer to design a company logo, to use a simple example, such activity would be considered 'work' because such activity is normally paid. On the other hand, volunteering at a local homeless shelter, is not 'work' and can be performed without specific work authorization.
Now, to answer your questions specifically:
1. If the F-1 student does not have proper work authorization, it is most likely illegal for the business to engage a student's freelance services. The fact that the job is freelance-based (contractor status) is irrelevant, and if the employer knows that the student does not have authorization to work in the U.S. and engages his or her services anyway, the employer may be liable.
2. Absent proper work authorization, it is probably illegal for the student to accept payment or even perform the work for free. As discussed above, if the nature of the freelance work is such that it is generally paid (as opposed to done on voluntary basis for no compensation) then the student may not engage in it, regardless of whether it is paid or not.
3. The location (incorporation or place of establishment) of the business is not relevant; as long as the services are performed in the U.S., the student and the business are subject to U.S. laws.
Best regards. |
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Dimitar Michailov
Immigration Lawyer
Capitol Immigration Law Group LLC
(888) 878-4721
www.cilawgroup.com
Disclaimer: This information is general in nature and is not intended, nor should it be construed, as legal advice. This post does not create any attorney-client relationship between us. For specific advice about your particular situation, consult an attorney.
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