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Can You Work for Foreign Employers While in the U.S. on a F2 Visa

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  • 06-29-2016, 03:49 AM
    b.sighersson
    Can You Work for Foreign Employers While in the U.S. on a F2 Visa
    Hello,

    I am a freelance graphic designer.
    My wife was accepted to a college in Florida and is considering to begin her studies in the US next year.
    If things go as planned, she will be granted the F1 Student visa which means that as her dependent I will accompany her on F2 visa.

    My question is as follows;
    As F2 visa holder I am not allowed to work in the US, but since I'm a freelancer,
    is it legal to keep working for contacts outside of the US while printing my receipts at my home country as I do nowadays?

    The way I see it, it is no different than using my laptop when on a vacation since the work is not wired through the US at any point, but a little search on the web shows the opinions are split since some claim that any work done when a person is on US soil is to be considered "working in the US", and thus defies the terms of the F2 visa.
    From my understanding there are also two aspects for the matter since it involves both Immigration Laws and Tax Laws.

    If anyone could shed some more light on the matter I would be grateful!
    Kind regards,
    B. Sighersson
  • 06-29-2016, 05:20 AM
    flyingron
    Re: F2 Visa Inquiry
    The answer is technically NO. http://www.nationofimmigrators.com/e...eign-employer/
  • 06-29-2016, 06:54 AM
    Mr. Knowitall
    Re: F2 Visa Inquiry
    If you read through that entire article, you find two answers, "Maybe, depending on the facts" and "No."
    Quote:

    Quoting Karin Wolman
    This question lies squarely at the intersection of immigration & tax law, and the short answer is no, except for nonimmigrants in the F-1 (Academic Students), J-1 (Exchange Visitors) & Q (Cultural Exchange Participants) visa categories.

    Quote:

    Quoting Angelo Paparelli
    Can a nonimmigrant who lacks authorization by U.S. immigration authorities be employed in the U.S. to work from his or her home in the U.S. for a foreign employer abroad? My lawyerly answer is: It depends.

    That's in accord with what you'll find from other sources, as the USCIS and courts have not provided a clear answer. With that lack of clarity it's possible to describe the same scenario to two different immigration lawyers and to get two different answers, both of which are well-reasoned.

    While the question does lie at the intersection of tax and immigration law, from the standpoint of a visa holder it's immigration law that dictates whether or not they're in violation of their visa.

    From the article, the person who takes the general "no" position identifies an exception to her general position:
    Quote:

    Quoting Karin Wolman
    There is one important carve-out for foreign students and exchange visitors present in the United States under F, J or Q nonimmigrant visa status. These nonimmigrants, including their spouses and children in a dependent visa classification, are permitted to exclude from their U.S. gross income any pay received from a foreign employer. This group includes a wide assortment of students, scholars, trainees, interns, teachers, professors, researchers and research assistants, or leaders in a field of specialized knowledge or skill. F, J & Q nonimmigrants and their dependents may work from home for a foreign employer, and are not considered to have earned any US source income by doing so.

    As we are talking not only about remote work, but remote freelance work, it is a situation in which it would make sense to discuss the details with an immigration lawyer.
  • 06-30-2016, 08:58 AM
    b.sighersson
    Re: F2 Visa Inquiry
    flyingron - That is exactly the article that got me confused in the first place.

    Mr. Knowitall - I suppose I will eventually consult with a lawyer, I was just hoping someone could raise a more formidable point regarding the issue, or even an answer since this article is from 2012 and maybe there have been changes that someone would know about.


    Thanks anyway guys!
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