Employment of an alien is illegal. Being employed is not illegal (though the person may be deportable). Is there a statute against self-employment? I don't see one. Can someone give me a statute if it is.
2007-11-30 14:36:01 · 7 answers · asked by BruceN 7 in Politics & Government ➔ Immigration
Getting an EIN is easy. I get them for clients all the time. If the alien has been here for 183 days and has an ITIN he is a US resident for tax purposes, regardless of immigration status.
2007-11-30 15:11:31 · update #1
So you are saying FredS, that while it voids the alien's visa and makes him removable, there is no way the alien could be fined as an employer for "employing himself?"
2007-11-30 15:18:18 · update #2
You won't find a statute that comes right out and says anything about "self-employment." However, the Board of Immigration Appeals has settled this question long ago.
They said, in Interim Decision 2668, "The word employment is a common one, generally used with relation to the most common pursuits, and therefore ought to be received as understood in common parlance and includes the act of being employed for one's self."
So, let's say you entered the U.S. as a visitor for pleasure with a visitors visa. A couple weeks after sightseeing, you decide to sell your paintings on a street corner. You would be violating the prohibition on employment by visitors if you tried to sell your artwork.
Let's say you decided to go to Canada, buy some Christmas trees, and bring them back to the U.S. to sell them. You would be refused admission if the only visa you had was a visitors visas because you are not allowed to sell merchandise under those conditions because the profit center would be in the U.S.
2007-11-30 15:11:54 · answer #1 · answered by Fred S 7 · 1⤊ 0⤋
Of course being self-employed isn't illegal, otherwise there'd be no small business owners, like doctors, lawyers, accountants/CPA's, dentists, etc.
Oh, volleyballchick is incorrect. You don't need an EIN to be a self employed person. You can use your social security number if you don't have any employees other than yourself.
2007-12-02 16:17:46 · answer #2 · answered by Anonymous · 0⤊ 1⤋
In order to be self-employed, you have to be the owner of a business. This means that you have to file all of the paperwork, and get an Tax Identification Number (or EIN) for both the federal and state dept of revenue. In order to do all of this, you must be in this country legally. If you are not, then you can't file the paperwork, and that means that you can't be an owner of a business, which means that you can't be self-employed.
2007-11-30 22:41:28 · answer #3 · answered by volleyballchick (cowards block) 7 · 2⤊ 1⤋
I have thought of this before, Bruce. ITINs, the same as what businesses use, are assigned to the undocumented.
Couldn't they theoretically present themselves as independent contractors for whatever position they are in? Couldn't a high school kid that is bilingual start an interpretation firm with an ITIN? As long as he or she pays taxes.....
2007-11-30 22:49:39 · answer #4 · answered by Amanda h 5 · 1⤊ 1⤋
buy yourself a semi,
take the safety driving course and test and physical,
get youre commercial drivers license, and insurance and permits,!!!
read youre local wantads, apply to the companies that want to lease you and yore rig!!!
they will cover wages by mile, layovers, repairs, and if you have to run the tolls they will pay those too!!!
you are youre own boss, all you have to do is show up on time with the bill of lading and an undamaged load!!
and see the whole country and meet tons of people!!!
2007-11-30 22:52:54 · answer #5 · answered by Anonymous · 0⤊ 1⤋
Even if you say you are self employed you are still working for someone
2007-11-30 22:42:35 · answer #6 · answered by Not To Serious 6 · 1⤊ 1⤋
if your illegal you cannot in any circumstances work here legally.
2007-11-30 22:43:55 · answer #7 · answered by smarternow 4 · 1⤊ 1⤋