H4 Working Advisory

[AD0223]

Hello,

My wife is currently on H4 visa without EAD. She has a offer from an Indian company paying in Indian Currency in Indian Bank account. Will she be able to work for that company from immigration visa rules perspective? I have found out from CA and CFAs that from taxation perspective it shouldn't be any issue. Is there a reference government material available which states this scenario? Many thanks in advance for your guidance.  

[pontevecchio]

You need work authorization to work in the USA. If you doubt my take,  talk to an Immigration Lawyer here.

[JoeF]

No, that is not allowed.

In H4 status, a person can NOT work, period. It doesn't matter where the employer is located, it matters where she is located.

And a person on H4 would have to report the WORLDWIDE income to the US IRS.

[AD0223]

Hi - thanks for your response. 

Can you please guide me to a document or website which states this rule that "H-4 dependent spouse could not work from home in the United States for his or her native country employer on the native country salary". 

I tried to look it up on the USCIS website and couldn't find any documented decision specific to this scenario. Any help would be greatly appreciated. 

[pontevecchio]

https://www.uscis.gov/working-united-states

You could discuss the matter with an Immigration Lawyer should you choose. The merits may be debatable. But not paying tax on that Income here and not declaring it may lead to serious consequences. Silence is golden.

Edited June 21, 2020 by pontevecchio