Issued W2 without H-1B sponsorship


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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.




  • 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?


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