H4 - Research Stipend/Award eligibility

[mcc_student]

Hello,

            My child is currently on H4 and is currently enrolled in University. She contributed to a research program in the university during summer of 2023 and is eligible for $3,000.

University people say that IF they were to give this money, university would classify this as "Stipend" / "Participation support" and that she would receive 1099 for the same. University people also say that, since she has NOT rendered her "Independent Personal Services", she is not "Earning" money and is not violating the rules of H4.  University CANOT give out this money as scholarship.

My question is

1) whether it is legally correct for my child to receive this money from university as Stipend and receive an 1099.

2) If not, in what other form, can she receive the money and NOT violate the rules/terms of H4.

 

Pls let me know

 

 

[Attorney_20]

While scholarship awards generally would not be a violation, a stipend paid on a Form 1099 is more of a grey area that could be subject to scrutiny, depending on the officer.  Generally a 1099 is issued when an "employer" pays a contractor for performing some kind of service and that could be interpreted as "work" for immigration purposes.