B-2 visa eligible to receive Dependent care payment?
We plan to invite my parents to US on B-2 visa to look after our 1yr old toddler. We plan to have them stay for 1 yr (6 month + another 6 month extension). We will pay them for the help, the question is, can we pay them out of the Dependent care account or not.
Reading IRS pub 503, we definitely meet the Qualifying person, Earned Income and Work-Related Expense Test, and we don't plan to claim my parents as our dependents, so can they then be the care provider and receive the payment?
Thanks.