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  1. #1

    Question Working Without Permission on a Tourist Visa

    My question involves labor and employment law for the state of: Illinois

    A non-us company sells food on a festival (anually during period of 6 weeks) in the US. Partly they hire us-nationals for working there. At the same time they brought me and other workers from our country (Germany) on B2 tourist visas. We are provided accommodation and flights in exchange for our workforce. Additional we receive payment only through tip, so there is no direct payment by the employer. Neither in the US nor the country of origin were made contracts. I got the assumption that I have to bear consequences (like being deported) if I get caught because I violate my visa obligations. But I do feel me in a weak position against my boss because he seems like that he has not to fear anything for hiring me and the others. So could it be that he not violates the law because he is not paying us?

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Working Without Permission and Payment Legal

    Tips are income. You were working ILLEGALLY and your employer was breaking both laws on hiring illegal workers and not paying them properly.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Working Without Permission on a Tourist Visa

    Somebody working in the U.S. must be paid at least minimum wage.

    You cannot work in the U.S. while present on a tourist visa.

    So your employer is violating labor laws, and you would be violating immigration laws. If you are caught working on a B1/B2 visa, you can anticipate being ineligible for the visa waiver program in the future, and may have great difficulty entering the U.S. or getting a visa.

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