Visitor landowner wants to maintain residence
#1
Guest
Posts: n/a
Visitor landowner wants to maintain residence
I am a member of a non profit organization that owns land in the US
(trailer park) are we able as visitors to maintain the property. ie
paint fences fix buildings etc. No money changes hands . We are fixing
up the park.
(trailer park) are we able as visitors to maintain the property. ie
paint fences fix buildings etc. No money changes hands . We are fixing
up the park.
#2
American Expat
Joined: Jan 2004
Posts: 7,598
Re: Visitor landowner wants to maintain residence
Originally Posted by Cbx1100
I am a member of a non profit organization that owns land in the US
(trailer park) are we able as visitors to maintain the property. ie
paint fences fix buildings etc. No money changes hands . We are fixing
up the park.
(trailer park) are we able as visitors to maintain the property. ie
paint fences fix buildings etc. No money changes hands . We are fixing
up the park.
Fixing and painting are normally compensated so I doubt that would qualify as volunteer work. Either way, you can't hang out in the US indefinitely to do it even if it is allowed on a temporary basis.
#3
Guest
Posts: n/a
Re: Visitor landowner wants to maintain residence
cbx1100 wrote on 11/29/05 11:15:
> I am a member of a non profit organization that owns land in the US
> (trailer park) are we able as visitors to maintain the property. ie
> paint fences fix buildings etc. No money changes hands . We are fixing
> up the park.
That's actually working and not allowed for visitors.
Essentially, you fixing things while on visitor visa you deprive an American of
a paid job doing the same thing.
It doesn't matter that *you* don't get paid, it matters that if you didn't do
this, an American would get paid to do the job.
-Joe
--
I am not a lawyer.
For reliable advice, consult a competent immigration attorney.
> I am a member of a non profit organization that owns land in the US
> (trailer park) are we able as visitors to maintain the property. ie
> paint fences fix buildings etc. No money changes hands . We are fixing
> up the park.
That's actually working and not allowed for visitors.
Essentially, you fixing things while on visitor visa you deprive an American of
a paid job doing the same thing.
It doesn't matter that *you* don't get paid, it matters that if you didn't do
this, an American would get paid to do the job.
-Joe
--
I am not a lawyer.
For reliable advice, consult a competent immigration attorney.
#4
Account Closed
Joined: Mar 2004
Posts: 2
Re: Visitor landowner wants to maintain residence
Originally Posted by Joe Feise
It doesn't matter that *you* don't get paid, it matters that if you didn't do
this, an American would get paid to do the job.
this, an American would get paid to do the job.
Well in my neck of the woods anyway
#5
American Expat
Joined: Jan 2004
Posts: 7,598
Re: Visitor landowner wants to maintain residence
Originally Posted by Boiler
Actually more likely an EWI.
Well in my neck of the woods anyway
Well in my neck of the woods anyway
#6
Guest
Posts: n/a
Re: Visitor landowner wants to maintain residence
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cbx1100 wrote:
> I am a member of a non profit organization that owns land in the US
> (trailer park) are we able as visitors to maintain the property. ie
> paint fences fix buildings etc. No money changes hands . We are fixing
> up the park.
I would call this a tough call, but erring on the side of caution, I agree
with the other posters that you really would have to hire Americans to do
the work.
The reason I call it a tough call is that if you own the trailer park, and
if the amount of work you are putting in is small on the grand scheme of
things, then it could be considered an activity related to an investment,
rather than working. It would then be not all that much different from
somebody who buys a vacation home in the USA, paints it, and then rents it
out. On the other hand, if somebody buys a vacation home, paints it, and
immediately resells it, I would see a bigger concern here.
The fact that you seem to be doing it as a donation for a non-profit in my
mind also supports that it possibly may not be considered working.
But, again, this is a very fuzzy situation.
- --
Please visit my FAQ at http://www.kkeane.com before asking a question here.
It may answer your question. Remember, I am strictly a layperson without
any legal training. I encourage the reader to seek competent legal counsel
rather than relying on usenet newsgroups.
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Hash: SHA1
cbx1100 wrote:
> I am a member of a non profit organization that owns land in the US
> (trailer park) are we able as visitors to maintain the property. ie
> paint fences fix buildings etc. No money changes hands . We are fixing
> up the park.
I would call this a tough call, but erring on the side of caution, I agree
with the other posters that you really would have to hire Americans to do
the work.
The reason I call it a tough call is that if you own the trailer park, and
if the amount of work you are putting in is small on the grand scheme of
things, then it could be considered an activity related to an investment,
rather than working. It would then be not all that much different from
somebody who buys a vacation home in the USA, paints it, and then rents it
out. On the other hand, if somebody buys a vacation home, paints it, and
immediately resells it, I would see a bigger concern here.
The fact that you seem to be doing it as a donation for a non-profit in my
mind also supports that it possibly may not be considered working.
But, again, this is a very fuzzy situation.
- --
Please visit my FAQ at http://www.kkeane.com before asking a question here.
It may answer your question. Remember, I am strictly a layperson without
any legal training. I encourage the reader to seek competent legal counsel
rather than relying on usenet newsgroups.
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#7
Guest
Posts: n/a
Re: Visitor landowner wants to maintain residence
crg14624 wrote:
> > I am a member of a non profit organization that owns land in the US
> > (trailer park) are we able as visitors to maintain the property. ie
> > paint fences fix buildings etc. No money changes hands . We are fixing
> > up the park.
> What kind of group uses the trailer park? Is the trailer park a
> commercial entity used by the non-profit to generate funds? It would
> have to be for the good of the community at large and normally not
> compensated.
> Fixing and painting are normally compensated so I doubt that would
> qualify as volunteer work. Either way, you can't hang out in the US
> indefinitely to do it even if it is allowed on a temporary basis.
There are 1000 sites all owned by Canadians. There are no funds
generated except those to keep the park open (monthly dues) . It is
private (not rental). We just want to paint a few buildings and repair
fences that are 20 years old.
> > I am a member of a non profit organization that owns land in the US
> > (trailer park) are we able as visitors to maintain the property. ie
> > paint fences fix buildings etc. No money changes hands . We are fixing
> > up the park.
> What kind of group uses the trailer park? Is the trailer park a
> commercial entity used by the non-profit to generate funds? It would
> have to be for the good of the community at large and normally not
> compensated.
> Fixing and painting are normally compensated so I doubt that would
> qualify as volunteer work. Either way, you can't hang out in the US
> indefinitely to do it even if it is allowed on a temporary basis.
There are 1000 sites all owned by Canadians. There are no funds
generated except those to keep the park open (monthly dues) . It is
private (not rental). We just want to paint a few buildings and repair
fences that are 20 years old.
#8
Guest
Posts: n/a
Re: Visitor landowner wants to maintain residence
This park has been around since 1972. We do not want to construct
anything NEW however just maintain it. We do not plan to sell or rent.
The amount of work is very small. Anything requiring acapital expense
would of course go to an American firm. I guess just doing it
(painting) and keeping your mouth shut would work.
anything NEW however just maintain it. We do not plan to sell or rent.
The amount of work is very small. Anything requiring acapital expense
would of course go to an American firm. I guess just doing it
(painting) and keeping your mouth shut would work.
#9
Re: Visitor landowner wants to maintain residence
Originally Posted by Cbx1100
This park has been around since 1972. We do not want to construct
anything NEW however just maintain it. We do not plan to sell or rent.
The amount of work is very small. Anything requiring acapital expense
would of course go to an American firm. I guess just doing it
(painting) and keeping your mouth shut would work.
anything NEW however just maintain it. We do not plan to sell or rent.
The amount of work is very small. Anything requiring acapital expense
would of course go to an American firm. I guess just doing it
(painting) and keeping your mouth shut would work.
an E-2 manager visa
#10
American Expat
Joined: Jan 2004
Posts: 7,598
Re: Visitor landowner wants to maintain residence
Originally Posted by Cbx1100
crg14624 wrote:
> > I am a member of a non profit organization that owns land in the US
> > (trailer park) are we able as visitors to maintain the property. ie
> > paint fences fix buildings etc. No money changes hands . We are fixing
> > up the park.
> What kind of group uses the trailer park? Is the trailer park a
> commercial entity used by the non-profit to generate funds? It would
> have to be for the good of the community at large and normally not
> compensated.
> Fixing and painting are normally compensated so I doubt that would
> qualify as volunteer work. Either way, you can't hang out in the US
> indefinitely to do it even if it is allowed on a temporary basis.
There are 1000 sites all owned by Canadians. There are no funds
generated except those to keep the park open (monthly dues) . It is
private (not rental). We just want to paint a few buildings and repair
fences that are 20 years old.
> > I am a member of a non profit organization that owns land in the US
> > (trailer park) are we able as visitors to maintain the property. ie
> > paint fences fix buildings etc. No money changes hands . We are fixing
> > up the park.
> What kind of group uses the trailer park? Is the trailer park a
> commercial entity used by the non-profit to generate funds? It would
> have to be for the good of the community at large and normally not
> compensated.
> Fixing and painting are normally compensated so I doubt that would
> qualify as volunteer work. Either way, you can't hang out in the US
> indefinitely to do it even if it is allowed on a temporary basis.
There are 1000 sites all owned by Canadians. There are no funds
generated except those to keep the park open (monthly dues) . It is
private (not rental). We just want to paint a few buildings and repair
fences that are 20 years old.