Nonresident Taxation: H-1B Visa

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H-1B aliens may only work for their sponsoring U.S. employers and only within the scope of the H-1B activities described in their petition. H-1B aliens should not undertake unauthorized self-employment activities, and UNR should not use services performed by an alien unauthorized to execute them.

Therefore, our Office strongly discourages departments from engaging any activities with H-1B aliens who are sponsored by another entity, unless it is discussed and approved by the other sponsoring entities prior to the engagement. In such cases, UNR will make a payment to the sponsoring entities, who then will pay the H-1B aliens.

Following documents are required in processing payments to H-1B sponsoring entities:

  • Prior written agreement with the H-1B sponsoring entity; and
  • Request for Payment or Purchase Requisition Worksheet with W-9 attached.

Since these are payments to corporations, the sponsoring entities are responsible for meeting any withholding requirements associated with the payments to nonresident aliens.

 

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