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student visa and on the payroll

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erik V
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Joined: Wed May 16, 2007 4:48 pm

student visa and on the payroll

Post by erik V » Wed May 16, 2007 5:00 pm

My boss (and business owner) wants his girlfriend to come to the US on a student visa. She is accepted by a reputable US university and she does intent to attend class.

She will do the normal girlfriend things like going to parties and other events as his partner (which can be labelled as "public relations work"). Is this employment and if so is it legal? My boss is paying her tuition fees including (a luxurious) personal allowance.

Can she be put on the companies payroll? (even if she doesn't work there are good tax reasons to do so).
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darko
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Joined: Sat Jul 10, 2004 11:50 pm

Re: student visa and on the payroll

Post by darko » Wed May 16, 2007 6:46 pm

erik V wrote:My boss (and business owner) wants his girlfriend to come to the US on a student visa. She is accepted by a reputable US university and she does intent to attend class.

She will do the normal girlfriend things like going to parties and other events as his partner (which can be labelled as "public relations work"). Is this employment and if so is it legal? My boss is paying her tuition fees including (a luxurious) personal allowance.

Can she be put on the companies payroll? (even if she doesn't work there are good tax reasons to do so).
:D I am not an expert, but I think it is okay to send money to your girl friend for personal reasons. As long as he is doing it just because he wants to and not as COMPENSATION for sex or any other things she does for him. :D

How can she be put on company's payroll? First of all, F-1 students are only allowed to work on campus and up to 20 hours. Second, it would seem like he would be trying to evade taxes.
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Marco 72
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Post by Marco 72 » Thu May 17, 2007 7:18 pm

I'm not an expert, but I know that the definition of "work" according to US immigration is very wide. I have known of people who were denied entry as tourists when they told immigration they were going to babysit the child of a relative, even though they were not getting paid.

F1 visa holders can normally get work authorisation, but I think they have to prove economic hardship, especially if they want to work outside campus.
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erik V
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Post by erik V » Fri May 18, 2007 8:32 am

correct, if there is economic hardship she might obtain authorisation to work outside campus. But there is none.

the broad definition of working is a problem.

Would it be possible to put her on the payroll of a foreign affiliated company then send her to the US for "training"?
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darko
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Joined: Sat Jul 10, 2004 11:50 pm

Post by darko » Fri May 18, 2007 2:57 pm

Marco 72 wrote:I'm not an expert, but I know that the definition of "work" according to US immigration is very wide. I have known of people who were denied entry as tourists when they told immigration they were going to babysit the child of a relative, even though they were not getting paid.

F1 visa holders can normally get work authorisation, but I think they have to prove economic hardship, especially if they want to work outside campus.
Well to work on campus you don't need work authorization... up to 20 hours a week.
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