Re: H4 visa and being a Non-Exec Director
 

Correct. In the above scenario, that is a volunteer position because no one ever gets paid to do it.

Rene

Re: H4 visa and being a Non-Exec Director
 

On a more serious note, I think the reason this example comes up is more in relation to peoples parents who do not have a legal right to work coming to the US for long visits and looking after grandchildren while the child's parents go back to work, which would be depriving a nanny of work.

luckily for me, my mother in law is a USC so at least she can change some dippers.... i'm sure my parents will be fine with not being able to do that...

Re: H4 visa and being a Non-Exec Director
 

I suspect that this is more of (or entirely) an issue for debate on internet forums than one that impacts real world visits by grand parents from overseas. :rolleyes:

Re: H4 visa and being a Non-Exec Director
 

Um no. I have just recently been contacted about and have considered applying for a *volunteer* board position at a not-for-profit start up. No financial donation expected from my side; just strategic advice. And no compensation offered either.

Re: H4 visa and being a Non-Exec Director
 

It's not easy to make these determinations. Grandparents vs. Teenage cousin helping with the baby.... is it temporary.... is there a quid pro quo.... is there a foreign residence being maintained......

Is the volunteer activity for a recognized charitable/Nonprofit benefiting the community at large?

As for the people coming to do construction work for free after a hurricane... The trade unions would likely go nuts if that was allowed. However, power companies from Canada routinely send trucks and teams to the US to help restore power after major storms when lines are down. The government allows that.

Re: H4 visa and being a Non-Exec Director
 

Agreed. I know, at the very first contraction, my mum would be on the next plane over. I'm sure CBP aren't going to be interested in stopping her...

Re: H4 visa and being a Non-Exec Director
 

Apparently there was a case (back when it was possible for Canadians to appeal on B-2) where a Canadian couple bought a condo block and rented it out and lived in it. And they were denied entry or removed, can't remember which. The question is how "passive" is it.

As for the relatives coming over to babysit, I guess it boils down to whether it is incidental to a wider visit, as with studying. I.e. if you visit the US and take a cooking course for a week, that's okay, but if you're studying to be a chef then you need F-1 or M-1. So if you enter expressly to look after the children, that's not permitted as a visitor.

Bearing in mind of course H-4 can do anything B-1 can, but given that a "visitor for business" is in the context of a "visit" and H-4 is not a visitor, not much help.

The one situation that comes up a lot is people working for a company that is abroad remotely. Which appears to be legal provided the person gets their remuneration from abroad, which effectively means they can't be in the US long enough to become resident for tax purposes (i.e. 183 days). Because it's de minimus.

Re: H4 visa and being a Non-Exec Director
 

But that's a formal agreement between the power companies I'm assuming, B-1? Fulfilling a contract by making an installation?

Re: H4 visa and being a Non-Exec Director
 

I would not assume an H4 can do whatever a B1 can do. In fact, there are several things I know they can't do. So I'd like to see something official, such as the section of the CFR or INA, that supports such a broad claim.

Re: H4 visa and being a Non-Exec Director
 

An update on this. This above did not work out. But I'm in talks with another not-for-profit company based here in the USA about serving on their board. No compensation whatsoever is offered and the board/organisation is fully staffed by volunteers. But I am expected to make a small financial contribution to the organisation (which I find nuts but seems standard for almost all board positions on small not-for-profits the world over).

Is there anything in the H4-visa-from-hell rules that may prevent such a financial contribution?

Re: H4 visa and being a Non-Exec Director
 

You can give money to them, no problem. You just can't take money (or anything else) from them.

Rene

Re: H4 visa and being a Non-Exec Director
 

Wouldn't it be considered an 'investment' of the non passive variety?

Re: H4 visa and being a Non-Exec Director
 

No, assuming that you're not getting any "benefit" (financial, tangible, or intangible) from making the contribution.

Re: H4 visa and being a Non-Exec Director
 

No, but even if it were an investment, you are allowed to make investments. You are not allowed to work for any compensation.

Rene

Re: H4 visa and being a Non-Exec Director
 

Agreed, but Sherbert's concern is that it is an "investment" in a business of which he is a director. We agree there is no problem, as he is a volunteer, but he was comparing it to an H-4 holder investing in, say, a burger restaurant (which an H-4 can do), but then engaging in the management of said restaurant, which would not be permissible.