QUESTION

Can USCIS track a possible unlawful employment such as an independent contracting on F1 visa?

Asked on Jul 28th, 2013 on Immigration - Mississippi
More details to this question:
I am a full - time student currently on F1 visa and interning with a nonprofit under curricular practical training. They expressed interest in hiring me as an independent consultant on contract and they hire many such consultants across the globe. The salary is related to hours worked on a project and is wired directly to a bank in the home country. If I were to accept such an arrangement - an independent consultant hire as a foreign citizen, is there any way that USCIS could track this possibly unlawful employment - since there would be no W2 or 1099 attached to such payment?
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3 ANSWERS

Sexual Harassment Attorney serving Brooklyn, NY
3 Awards
It will be regarded as unlawful employment most likely. You may not work on W 2 or 1099 as a student.
Answered on Aug 02nd, 2013 at 9:33 PM

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Immigration and Naturalization Attorney serving Tupelo, MS
3 Awards
That would be considered unlawful employment. I would advice against.
Answered on Aug 02nd, 2013 at 9:32 PM

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Adebola O. Asekun
The arrangement such as you have described indicates you intend to violate US immigration laws. DHS has several tools at its disposal to investigate violations of US immigration laws. Instead of putting your immigration status at risk, you may have the employer file a an H-1B petition for you instead.
Answered on Aug 02nd, 2013 at 9:32 PM

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