Legal Question in Immigration Law in California

It is unclear what you mean by your girlfriend refunding 100% of the tax deducted from her salary. Who is refunding what to whom? The government provides tax refunds, not individuals.

An employer is required to pay an alien the higher of the prevailing or actual wage - a technical market wage that is predetermined before the H-1 is filed. If the employer is paying her that amount, then it's fine. She is required to be on payroll and pay required taxes as a payrolled employee.

Whether a tax treaty can be used to in some fashion alter that amount she keeps in her pocket is really an international tax question and a tax professional conversant in such matters should consult with a professional like myself to be sure that the tax and immigration implications are in synch. I could refer you to a tax professional well experienced in international tax matters.

The above is general information. It is not legal advice and does not establish an attorney client relationship. For further information, you may call me at 818 609 1953 or write to me at [email protected].

Sincerely,

Alice M. Yardum-Hunter, Certified Specialist, Immigration & Nationality Law

State Bar of CA., Bd. of Legal Specialization