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Ask Guillermo J. Senmartin, Esq. Your Own...
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105163
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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Hey Guillermo, Im working in the usa on a e3 visa. Australian

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Hey Guillermo,

I'm working in the usa on a e3 visa.
Australian citizen.
Currently seen as a resident alien for usa tax purposes.

I have been asked to provide a w9 or w8-ben to receive royalty payments for some art i have created.

1. based on some threads I've been reading it seems royalty payments while on a h1b visa are ok and won't put you out of status. Does the same apply for e3?
2. If the above is true, then i assume i should have no worries filling out the w9 and providing my ssn etc. to receive royalties.
3. Would it help if I filled out a W8-BEN instead and apply for a TIN? Which they give me the option too, but it may not suit my situation.
Hello and thank you for using our service. My name isXXXXX and I am a licensed attorney and will try my best to help you. I just ask for two things: 1) Before you sign off, please remember to rate me positively as that is the only way that I am paid and your question does not close after you rate me so I can still answer additional questions without additional charge if you have follow-ups even weeks or months later; and, 2) IF I have bad news for you, please remember I am only the messenger. When you rate me, it is my service to you that you rate, not whether the news is good or bad. I will try my best to give you a solution, but sometimes the law does not have a good one.

1) Yes. That is fine. That's like writing a book, for example. The idea of the regulations is to protect the U.S. worker against foreign labor. When you are creating something like a book or piece of art, that doesn't take a job away from a U.S. worker.

2) Correct.

3) I do not think that the W8-BEN is applicable in this case. I am not an accountant or tax attorney, but I don't think it is applicable.

Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance to you. Even after you rate the service, I can still answer additional questions for you without additional charge. If you do rate me positively, a bonus is always appreciated. If you would like to request me in the future, just go to Thank you!

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