Legal Question in Immigration Law in New York

I-visa & freelance projects

Hi, I'm an Italian citizen living in NYC. I'm on an I-visa with a full-time job at an Italian media company based in NYC. I would like to do some extra-work as a freelance editor during my free time. I know that my visa doesn't allow me to be employed by other companies, but I was wondering if working on specific projects outside my work schedule on a freelance basis could be considered an exception.

Thank you!


Asked on 8/04/09, 9:39 am

2 Answers from Attorneys

Luba Smal Smal Immigration Law Office

It seems that you already know the answer. Your visa authorizes you to work for a specific employer only. There are no exceptions for freelancers. Unless you apply for a change of status to another non-immigrant visa/status, then you can work for another employer in USA. Work visas are employer-specific.

Web: http://www.law-visa-usa.com

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Answered on 8/09/09, 5:29 pm
Antoinette Wooten The Wooten Legal Consulting, PC

I would need more information regarding your particular case before I could comment on it properly.

However, the media (I) visa you have is a very restrictive visa. What I would like to know is are you going to do your free lance editing work for another Italian firm who will broadcast it abroad?

Will you be paid in US currency, or Italian Lira / Euro?

Do you own a company/corporation back in Italy ?

That is something the Department of Labour would be able to address, as long as it involves your linguistic skills and you will pay US taxes on any money that is earned.

You would also have to tell them that you intend to form a corporation of your own to work under and get a Tax ID number in order to pay your taxes to the US government on any money you earned.

Please note, the Department of Labour is the one who grants all work related visas. Based on what they say the immigration service then grants you permission to enter the US.

If you wish to discuss this further feel free to contact us.

Patricia Martin-Gibbons

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Answered on 8/11/09, 7:37 pm


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