Daycare Tax Tips

Visa holder wants to start a family child care

Is this allowable?

The husband of a potential family child care provider writes:

>I hold an H-1b visa working at a biotech company. My wife and I are in the process of green card application. Our I-140 has been approved and now are waiting for I-485. My wife now holds an H-4 visa and she only has an ITIN. My question is: Is it illegal for her to start a family daycare? If not her, how about me? What's the best option for us?

I am no expert when it comes to immigration/visa questions, but I went to Google and pulled up this page:

The answer there is that neither you nor your wife is allowed to be self-employed, which you would be if you started a family child care business. Your visa allows you to work only for your sponsoring employer. It sounds like your wife's visa does not allow her to work at all and that she should wait to get her green card.

NOTE: An ITIN is an Individual Taxpayer Identification Number provided by the Internal Revenue Service to taxpayers who are not eligible for a social security number.

Posted on 2009-07-15 05:56:25