Freelancing whilst on a Visa
 

Hi,

I am on an L1 which I know means I can by law only work for the company that petitioned for the visa.

I have received an opportunity to help a small start-up firm on a purely advisory basis. There is some discussion around compensation and based on research this seems like a grey area.

Options are for a % cut of a deal they are signing or an equivalent equity stake in the firm.

Any thoughts?

Re: Freelancing whilst on a Visa
 

Seems like you know the law already. You can't work for and be compensated by any company other than the one sponsoring your L1 visa.

If you want to be a silent partner and simply receive stock in the firm without doing any work, I believe that is allowed.

Rene

Re: Freelancing whilst on a Visa
 

I am not sure what you mean by "purely advisory", but to me an advisor giving advice means "work", and you know what that means!

Also don't confuse non-cash compensation with the definition of "work" - an L-1 does not allow outside work, and just because your compensation is not cash does not mean that you're not working. The tax on your non-cash compensation will require some specialist advice too.

Finally, if you choose to flout or bend the rules on your visa, don't be as cavalier with the IRS rules. Pi§§ing of the USCIS is one thing, but doing the same thing to the IRS can bring you a whole world of hurt.

Re: Freelancing whilst on a Visa
 

Yes if it looks like work and smells like work it is work!

Purely advisory...I'm not actually working for them...they've just asked me what I think of x..kind of like writing a review on Amazon :)

Don't worry I always pay my taxes.

Re: Freelancing whilst on a Visa
 

Maybe you could "advise" them the next time you're back in the UK/ outside the US? :sneaky:

Re: Freelancing whilst on a Visa
 

If you're providing advice and they're compensating you for it, that is the pure definition of work and is not allowed!

Would you get away with it? Probably. However, is it worth jeopardizing your main job for a few extra dollars? If you get caught, the odds are you'll be on the next 'plane home, saying goodbye to BOTH!

Your choice.