ESTA To AOS Potential Problem?

[JohnnyForeigner 35]

Interesting read.

 

Hope this is not taking the discussion off at a tangent but I am curious how she worked for an Embassy or Consulate in US without EAD !

 

Further, it was not a low paid job such as cleaning offices for cash - she was doing clerical work processing visas ???

 

I am amazed that an Embassy or Consulate would employ someone without EAD.

 

Unless its a sovereign soil thing ? If you work in an Embassy are you technically not in the US ?

 

Finally - is there a tax issue ? As I understand it, even if you work illegally, you are liable for income tax ?

Edited December 27, 2022 by JohnnyForeigner

[powerpuff 6,702]

12 minutes ago, JohnnyForeigner said:

I am amazed that an Embassy or Consulate would employ someone without EAD.

You’d be surprised how many laws people at US embassies and consulates violate. Have you heard of diplomatic immunity? 
 

14 minutes ago, JohnnyForeigner said:

If you work in an Embassy are you technically not in the US

No, you definitely are in the US. 
 

15 minutes ago, JohnnyForeigner said:

Finally - is there a tax issue ? As I understand it, even if you work illegally, you are liable for income tax ?

Good point. Yes, you must file taxes even if you work without authorization. 

[JohnnyForeigner 35]

15 hours ago, powerpuff said:

You’d be surprised how many laws people at US embassies and consulates violate. Have you heard of diplomatic immunity? 
 

No, you definitely are in the US. 
 

Good point. Yes, you must file taxes even if you work without authorization. 

I understand diplomatic immunity.

 

I was thinking more in terms of how they could deal with the admin of employing an individual without EAD.

 

I assume, like any other employer, they would have to withhold tax etc ? And like any other employer, there would be IRS paperwork to fill out that would require SSN etc ?

[powerpuff 6,702]

Just now, JohnnyForeigner said:

I understand diplomatic immunity.

 

I was thinking more in terms of how they could deal with the admin of employing an individual without EAD.

 

I assume, like any other employer, they would have to withhold tax etc ? And like any other employer, there would be IRS paperwork to fill out that would require SSN etc ?

They probably paid cash. 

[SailAway 4]

I wondered what happened to this case? 
I feel like I’ve been reading days of our lives and really want to know the ending. 

[Lemonslice 4,841]

On 12/27/2022 at 5:09 PM, JohnnyForeigner said:

Interesting read.

 

Hope this is not taking the discussion off at a tangent but I am curious how she worked for an Embassy or Consulate in US without EAD !

 

Further, it was not a low paid job such as cleaning offices for cash - she was doing clerical work processing visas ???

 

I am amazed that an Embassy or Consulate would employ someone without EAD.

 

Unless its a sovereign soil thing ? If you work in an Embassy are you technically not in the US ?

 

Finally - is there a tax issue ? As I understand it, even if you work illegally, you are liable for income tax ?

Depending on the situation (country/type of work, type of passport, visa/status in the USA, type of diplomatic mission, among other things) no EAD is required. 

 

This is the office able to advise on those questions

https://www.state.gov/ofm

 

Income might, or might not be taxable.  Again, many factors get into it, and some countries have tax agreements (situation for one country might be different than for another country, and workers citizenship and status also plays into it).  It's... complicated. Usually, the diplomatic mission employing the worker can refer the employee to reference documents to explain in better details.  There's not one answer (and, usually, not even over answer per "office", too many factors get into it).

 

[Lemonslice 4,841]

On 12/28/2022 at 9:27 AM, JohnnyForeigner said:

I understand diplomatic immunity.

 

I was thinking more in terms of how they could deal with the admin of employing an individual without EAD.

 

I assume, like any other employer, they would have to withhold tax etc ? And like any other employer, there would be IRS paperwork to fill out that would require SSN etc ?

Foreign governments do not have the authority to withhold taxes for the IRS, so employees who are subject to US/state taxes would have to pay quarterly to the IRS.  If they are US citizens, or otherwise not exempt from Social security/FICA they'd have to pay that directly also (employer and employee share, since the employer isn't required to pay). 

 

Again, depends on a lot of factors. 

 

 

[Lemonslice 4,841]

On 12/28/2022 at 9:28 AM, powerpuff said:

They probably paid cash. 

It's not impossible, but all the situations I've encountered, employees were paid by cheque or direct deposit. 

[EdwardG 0]

I’m new to the forum so wondering what the outcome was here..,

[OldUser 6,677]

9 minutes ago, EdwardG said:

I’m new to the forum so wondering what the outcome was here..,

It's unlikely we're going to find out. The OP was last active July 2022. Considering how long the AOS is taking nowadays, I wouldn't be surprised if the case is still pending 😃

Edited March 9, 2023 by OldUser

[TBoneTX 45,297]

A post and replies to it have been split from this thread and moved to the Case Progress subforum.