Beneficiary Working Remotely while in US

[DiZZyLoX 114]

Ok so I have seen this asked sporadically around the site and no one can give any of us a legal answer. We are almost convinced this is an area where technology is beyond the law.

Can the Beneficiary / K-1 Applicant / the non-us citizen / whatever work remotely for their homeland-based-company while in the U.S.? Either on visit or during AOS process?

For example, beneficiary has clients all over the world. Beneficiary's company employs trainers that deploy and/or conduct webinars all over earth to deliver IT training. Beneficiary has clients in the US. Would Beneficiary be able to deliver training, as an employee of the uk based company while visiting the U.S. on K-1 or AOS?

Basically, can the beneficiaries work remotely during AOS whilst awaiting EAD?

I know it may be a question better suited for AOS, but it's something you should be thinking about whilst going through K1 and may come up in the interview (I guess).

Edited January 20, 2011 by DiZZyLoX

[pushbrk 13,876]

Ok so I have seen this asked sporadically around the site and no one can give any of us a legal answer. We are almost convinced this is an area where technology is beyond the law.

Can the Beneficiary / K-1 Applicant / the non-us citizen / whatever work remotely for their homeland-based-company while in the U.S.? Either on visit or during AOS process?

For example, my finace has clients all over the world. His company employs trainers that deploy and/or conduct webinars all over earth to deliver IT training. He has clients in the US. Would he be able to deliver training, as an employee of the uk based company while visiting the U.S. on K-1 or AOS?

Basically, can the beneficiaries work remotely during AOS whilst awaiting EAD?

I know it may be a question better suited for AOS, but it's something you should be thinking about whilst going through K1 and may come up in the interview (I guess).

Sure, people do it all the time. If you use a B1B2 visa or VWP to enter the USA and give as your reason for visiting that you're teaching a training class, no problem. My first experience with this was in the direction, when I visited the UK as an exhibitor at at trade show, then later the same month to train a distributor on the use of a new product. All the VWP countries cooperate similarly in this regard. The same goes for those who need B1B2 visas to visit the USA.

[DiZZyLoX 114]

Sure, people do it all the time. If you use a B1B2 visa or VWP to enter the USA and give as your reason for visiting that you're teaching a training class, no problem. My first experience with this was in the direction, when I visited the UK as an exhibitor at at trade show, then later the same month to train a distributor on the use of a new product. All the VWP countries cooperate similarly in this regard. The same goes for those who need B1B2 visas to visit the USA.

Ok. I do know that my fiance ran into a lot of questioning by Customs because before visiting me, he had been in the U.S. only a week before to deliver training. He explicitly told them and showed them the dates in his calendar that he would be in the U.S. to deliver training for work and they seemed to have no problem with it after seeing the proof. They asked how he would support himself while on a long visit, he said he will be working sporadically training their U.S. clients when training is scheduled. He is on VWP. But I'm concerned about when we are married. Would he still be able to work for his company while he finds work here locally? Would be nice if he can still earn income instead of none for 3 months.

[pushbrk 13,876]

Ok. I do know that my fiance ran into a lot of questioning by Customs because before visiting me, he had been in the U.S. only a week before to deliver training. He explicitly told them and showed them the dates in his calendar that he would be in the U.S. to deliver training for work and they seemed to have no problem with it after seeing the proof. They asked how he would support himself while on a long visit, he said he will be working sporadically training their U.S. clients when training is scheduled. He is on VWP. But I'm concerned about when we are married. Would he still be able to work for his company while he finds work here locally? Would be nice if he can still earn income instead of none for 3 months.

No worries. When he comes in using the K1, he need not mention work at all. He's coming to marry and adjust status. Period. Doing training and working remotely is allowed. I already addressed that.

[DiZZyLoX 114]

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[VanessaTony 3,567]

Push is right. No problem. As long as you're being paid in foreign currency into a foreign account.

[DiZZyLoX 114]

Push is right. No problem. As long as you're being paid in foreign currency into a foreign account.

Many thanks