B-1 Required to pay taxes?

[SusieQQQ 11,586]

1 minute ago, Boiler said:

Diplomats are temp, they do not immigrate.

...and they bring nannies on A visas. This is what I find confusing.

[Going through 5,671]

9 minutes ago, SusieQQQ said:

Huh, ok I looked this up 

 

“This provision is useful to those who are accustomed to the assistance from domestic employees. It also helps to have the long time employee from home that would understand your needs, habits, culture and language.”

 

lol, I come from a country where we are certainly accustomed to full time domestic help, wish I knew I could have brought my old domestic worker with me !!

Is there no minimum wage requirements as for an A3 visa? How can you not make $1400 a year working as a nanny?

I didn't say it was a realistic number given the minimum wage....just what the IRS filing requirement was from my memory.  

[Jaime'n'Jenny 8]

14 minutes ago, SusieQQQ said:

Have you looked up her i94 online? She got a 3 year + allowed duration of stay on a B visa, really?

 

 

No, she has 1 year on i94.  Then she leaves gets another visa and comes back into the country.  

[Boiler 45,486]

4 minutes ago, SusieQQQ said:

...and they bring nannies on A visas. This is what I find confusing.

I do not know the reason for the particular visa, maybe both are eligible.

[SusieQQQ 11,586]

1 minute ago, Going through said:

I didn't say it was a realistic number given the minimum wage....just what the IRS filing requirement was from my memory.  

I wasn’t challenging you - just surprised at the number - I was actually wondering if the B1 is a workaround the specifics of the A3 which exist to prevent domestic workers being exploited. 

[geowrian 22,337]

8 minutes ago, SusieQQQ said:

3 years is temporary? Gee, immigration law gets stranger and stranger the more I discover,

Temporary refers to anybody not seeking permanent residency.

For example, H-1B is for temporary workers, although it can continue for 6 years.

[SusieQQQ 11,586]

2 minutes ago, Jaime'n'Jenny said:

No, she has 1 year on i94.  Then she leaves gets another visa and comes back into the country.  

Is she being paid fairly ? 

[Going through 5,671]

11 minutes ago, SusieQQQ said:

Is she being paid fairly ? 

She would have had to submit a contract between her and her employer detailing her wage, stating the required free room and board, transportation to and from US being paid for by employer, (and other conditions required) to the CO to look over as part of the application process.

 

COs have been known in the past to deny the visa based on the contract not being fair to the foreigner.

Edited February 27, 2019 by Going through

[Jaime'n'Jenny 8]

3 minutes ago, Going through said:

She would have had to submit a contract between her and her employer detailing her wage, stating the required free room and board, transportation to and from US being paid for by employer, (and other conditions required) to the CO to look over as part of the application process.

Yes, that is correct.  She has a contract and it covers, room board, transportation, wage, vacation time, and medical insurance. 

 

11 minutes ago, SusieQQQ said:

Is she being paid fairly ? 

Yes of course. 

[milimelo 4,477]

B-1 is perfectly fine in this situation. She’s required to file taxes and her employer also has to do their part in taxes and fees and should be getting her the papers - w-2. 

[Lemonslice 4,838]

It depends on a few things. Is she working for a diplomat with the same citizenship as her own? Is the diplomatic mission paying, or the individual?  I'll send you the link too the IRS details when I get back in the office.

[millefleur 5,046]

5 hours ago, Lemonslice said:

It depends on a few things. Is she working for a diplomat with the same citizenship as her own? Is the diplomatic mission paying, or the individual?  I'll send you the link too the IRS details when I get back in the office.

Agree, it seems like it would depend on if the money was actually being reported by anyone as US wages.

 

I'm not really sure this is a question that should be decided on VJ honestly. This is a DIY website, and paying taxes while on a B-1 due to working for a diplomat is a very specific situation. It's probably best to consult an accountant or other such professional on this matter. Since you are in the DC area, there has to be someone who is more familiar with these unusual diplomat related matters there.

[geowrian 22,337]

Presumably the individual meets the substantial presence test and therefore is a resident alien for US tax purposes. As such, they are required to report worldwide income anyway. They would presumably not meet the criteria for the FEIE.

The fact that they worked for a diplomat doesn't matter here as they are under B-1 status as a visitor, not any diplomatic status.

Seeking a good CPA for confirmation would be wise anyway.

Edited February 28, 2019 by geowrian

[SusieQQQ 11,586]

7 hours ago, Jaime'n'Jenny said:

 

 

Yes of course. 

I’m very glad it hear it, your “of course” comment is ...touchingly naive, I guess, there has been widespread abuse/exploitation of people brought in as domestic workers here in the past, which is one of the reasons the visa rules have tightened up. 

 

Agree with geowrian that being being on B rather than A visa  has tax implications, also suggest you seek off-forum advice. 

 

“The B-1 domestic servants’ wages originating in the United States are subject to the same taxation as any US wage earner.”

https://www.homeworksolutions.com/knowledge-center/u-s-department-of-state-regulations-b-1-domestic-servants/ 

 

 

Edited February 28, 2019 by SusieQQQ