Employer tax and per diem


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My employer is paying me salary more than the LCA amount. And the rest of the client billing he is giving me as per diem which is around $2500 per month.

I am also paying the employer tax which is around $800 per month. When I asked my employer to pay the employer tax he said that he is paying me per diem things which may cause an audit on him and he is taking risk on per diem for me So I should only pay the employer tax.

--I wanted to ask if I am not questionable about my non taxed per diem payments and it wont affect my green card processing in future whether with this company or other.

--I have talks going on by other employers and they says they will pay my employer tax. So I wanted to check can I join any one of them and work on same client.



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There is no such thing as "employer tax" for you. The employer has to pay the required taxes himself.

And per diem is also pretty much abuse. It will cause a lot of problem for you and the employer.

I suggest not trying to get around the laws of this country.

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