Issued W2 without H-1B sponsorship

[john_nasch]

I am on an H-1B visa sponsored by company A. While employed at company A, I started helping a 1 person start-up pro bono - just out of interest.

 

However, the start-up founder who only had 1 employee (himself) and needed to show at least 2 to be able to enroll in a benefits program, started doing direct deposits with minimum amounts to my bank account and issued me a W-2 while not even having sponsored my VISA all this while.

 

I told the founder very clearly that he was not doing the right thing and decided not to work with him again.

 

Question:

 

• what legal action can I take against an employer who issued w2's without sponsering an h-1b for a foreign national?
• What are his responsibilities when hiring a foreign national and what could be the penalties that can be imposed upon the employer if they issue W2 without an h-1b.
• How do I show the income from this W2 that I got from this startup while filing my 2017 taxes?

 

[JoeF]

You worked illegally. Work for a for-profit company always requires the appropriate work authorization. Pro-bono work for a for-profit company is also legally suspect. There are minimum wage rules.