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Lev, Tax Advisor
Category: Tax
Satisfied Customers: 29650
Experience:  Taxes, Immigration, Labor Relations
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Can a religous worker (R1) that receives a w2 from the ministry

Customer Question

Can a religous worker (R1) that receives a w2 from the ministry that supports him also have a business where he or she receives a 1099? Same question for R2?
Submitted: 8 years ago.
Category: Tax
Expert:  Lev replied 8 years ago.

On R-1 visa, the person may be employed and receive payments only from the religious organization which filed a petition for R-1 visa.

He/she may receive a compensation as an employee - reporting on the form W-2 -

or as self-employed individual - reporting to 1099-misc -

but only from the sponsored organization.

He/she may not have a side business or have another earned income - that would be a violation of the visa terms.


The same is true for the dependent on R-2 visa.


However - the person may have investment or passive (unearned) income - may have a rental income, royalty income, may receive dividends from investment, etc.