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jrcrum

Newbie
Nov 14, 2018
4
0
Hello,

So wife received her ITA (after two years, yay!), however the lawyer is raising a point on her work history that has been in the back of my mind for a while:

Her anchoring NOC is a very part-time teaching assignment in a series of engagements with the local (USA) university. These averaged to 12.5 hours/week during semesters, of which one hour was in-class contact and the remainder research and prep--mostly during the evenings. So a yearly average per week of 6 hours, over five years.

Between this work and two intensive months in the same NOC for the same employer, that amounts to 1 year's worth of continuous hours according to EE.

However: the compensation for each semester was provided as an up-front honorarium for teaching an certain number of sessions (11-13, average 12). We have tax documents for this, but hours were not controlled by the university--only the teaching product. Hence, the time put in makes the per-hour rate fall below US minimum wage... and the lawyer is concerned by this.

We're finishing the letter for the university employer to sign, and want of course to lay out the situation such that Officer will understand and approve it. The employer is very supportive, but we're struggling on how detailed to make the letter and/or the personal explanation accompanying the APR.

Does anyone else here have experience with APRs and foreign work contracts in which hours were not controlled like this?

Please advise... thanks!