Q: Will there be future visa/immigration concerns if I work outside of the US on W4 using my SSN as a non-US person?
I lived in the US on visas for years and have a SSN. Due to my employment termination, I had to exit the US. A US company wants to hire me to work remotely and asked me to fill out the W4 for the tax withholding. Can I work for them outside of the US on the W4 payroll? In other words, is it 'unauthorized' work that might jeopardize my future immigration application? I knew that when I was inside the US on H1B, I could not do 1099 or other employment without sponsorship. Thank you!
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A:
Working remotely for a US company while outside the US and being paid through W-4 could raise some concerns regarding your future immigration status. The primary issue is whether this work would be considered unauthorized employment under US immigration laws. Since you are not physically present in the US, this situation is not straightforward.
When you were in the US on an H1B visa, you were restricted to working only for your sponsoring employer. However, working outside the US under a W-4 arrangement may still be viewed by immigration authorities as a form of unauthorized employment, potentially affecting future visa applications.
To avoid complications, it might be prudent to explore other payment methods, such as being treated as an independent contractor (1099) or ensuring that your employment contract reflects your non-US resident status. Consulting with an immigration attorney can provide clarity and help you make an informed decision that safeguards your future immigration prospects.
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