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sm09

Consulting for a U.S. Non-profit on a B1 visa - allowed?

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Hi,

I am an international consultant and was working for the UN in NYC until recently. I returned to India on the completion of my assignment and expiration of my G4 visa.

I have recently been approached by a U.S. based non-profit organization to consult with them and oversee one of their Donor-Advised and funded projects in Asia and travel to those project locations. This assignment will be 12-18 months long. In the beginning of my assignment to get acquainted with the work, I will need to be in U.S. for 3-4 months. At present, I have a 10 year long B-1 visa.

Please advise:

a. Is it legal for me to stay on in U.S. for 3-4 months to get acquainted with the work on a B1 visa?

b. I have both Indian and American bank accounts. However, should I accept my payment in my Indian bank account? Is it legal for an American organization to pay me as an international consultant.

c. What kind of paperwork is required to allow me to work for this non-profit organization as an international consultant? Do I need to change my visa? I am supposed to be in U.S. for a conference next month.

I look forward to hearing from you.

Best regards,

sm

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B-1 has specific rules. An attorney should review the plan and advise your employer on the proper immigration procedures for the US; it is the proper way for a US employer to treat an international employee. A US company needs to pay you according to the applicable tax rules; these can be complicated so they should have a tax advisor on retainer to sort everything out.

The conference is fine on B-1.

If the organization will not setup consults with attorney and tax people, worry about the issues that might arise.

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B-1 has specific rules. An attorney should review the plan and advise your employer on the proper immigration procedures for the US; it is the proper way for a US employer to treat an international employee. A US company needs to pay you according to the applicable tax rules; these can be complicated so they should have a tax advisor on retainer to sort everything out.

The conference is fine on B-1.

If the organization will not setup consults with attorney and tax people, worry about the issues that might arise.

Thank you so much! I will inform the nonprofit about the potential issues with taxation etc.

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