Q: I'm a f1 student, my apartment wants to give me $500 as referring credit used for rent, is it a violate to my status?
My apartment wants to give me $500 referring bonus as a credit for my monthly rent, and is asking me to fill a w8. I'm a non-resident alien (on F-1), not quite sure whether it is legal to accept it without violating my F1 status, I understand I'll need to pay tax for it. I'm confused whether it would violate my non-immigration status, since it's not an income related to my major study, while I'm not a self-employed agent in this field either, just 2 friends considering moving to the same building I live in and asked me to refer them to save application fee.
I won't take it if it would violate my status, but I'm thinking international student can surely gamble and win a lot of money, accepting that and paying tax for it won't violate their status I guess. But I know it's not safe to assume in law, so I want to get some advice.
Thank you all in advance.
A:
If they are giving you the $500 in credit towards your credit then you should be. The W-8 is for the apartment company so they can write it off in their taxes, you should also keep a copy as you will also need to file taxes come April 15 (yes, even F1 students are required to pay taxes even though they do not work). All the best.
-Shan Potts
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15 years of successful immigration law experience. The answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered are of a general nature only, and are not meant to create an attorney-client relationship.
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