H4 visa and being a Non-Exec Director
#46
Re: H4 visa and being a Non-Exec Director
Rene
#47
DE-UK-NZ-IE-US... the TYP
Joined: Mar 2010
Posts: 2,861
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...
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...
#48
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. ....
#49
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Joined: Feb 2013
Posts: 947
Re: H4 visa and being a Non-Exec Director
Take the word volunteer out of your sentence, because I don't think a position titled "Board Member"would ever be a true volunteer position. Most people would normally get paid for that.
Passive investment is easy. You put up the money and perhaps reap some benefit such as dividends, but you don't actually do any physical work for the business.
#50
American Expat
Joined: Jan 2004
Posts: 7,598
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.
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.
#51
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...
#52
Re: H4 visa and being a Non-Exec Director
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.
#53
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?
#54
American Expat
Joined: Jan 2004
Posts: 7,598
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.
#55
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Re: H4 visa and being a Non-Exec Director
Is there anything in the H4-visa-from-hell rules that may prevent such a financial contribution?
#56
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
Rene
#57
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Re: H4 visa and being a Non-Exec Director
Wouldn't it be considered an 'investment' of the non passive variety?
#60
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.