Q: Refunded payment for work in violation of visa?
I am an international student and I tutored another student for pay without knowing that it wasn't allowed. It was the same course where I had an on-campus job as a teaching assistant. After realizing that it wasn't allowed I gave him back the money in full. Would there be any legal / status sanction for me, and can I say that I did the work in my official capacity as a teaching assistant (as helping out other students is part of the job)?
A:
The fact that you returned the remuneration, that is the fee in full, means that you likely did not violate the law. The government often looks for a knowing violation of the law. That said, if you received no payment in kind, then you did not violate the law.
The challenge is receiving some form of compensation in exchange for work. Those who start businesses, and engage in work, while allegedly being a full-time student violate the law concerning living and working. They are supposed to be a full-time student, not also a part time entrepreneur.
You may tutor as long as you do so with the knowledge and consent of the University through your status as a teaching assistant. However, you must receive a stipend for doing so from the University. This should be approved and documented by the International Student Official.
The above is general information, not legal advice, and does not create an attorney client relationship.
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