Working in a foreign country without an EAD

[Merlin<3Aidan 2]

This may be a silly question, but, does anyone know if it is possible for my fiance to continue working for his company in France via internet/telecommuting while he is in the USA waiting for his EAD? He would be paid in Euros/Francs to his French bank account. He and his company are well aware he would not be able to travel to France while he is waiting for his AOS etc. Thanks to anyone who can shed some light!

[Harpa Timsah 13,258]

Yes that is okay - he is working for his French company based in France.

[Brother Hesekiel 2,235]

Yes that is okay - he is working for his French company based in France.

Interesting.

So let's say a company in Jerusalem is looking for a guy who can work for them in the US for a 6-month gig. Somebody from Haifa, who has a B2, applies for the job and gets hired. He's being paid in shekels into a Israel bank account. So under these conditions he's authorized to work in the US?

I don't think so!

[Merlin<3Aidan 2]

You know, that is a good question. I think that the difference is the company you are asking about is intentionally looking for someone in the USA. In my fiance's instance, his company does not benefit from him working in the USA. He would be doing the exact same job he is doing today, only he would be doing it remotely. He wouldn't be performing any services that require him to be in the USA. He would just be here out of necessity because of the visa requirements, and he would be employed simply because they have room for him until they can find a replacement for him. Once he obtained the EAD and AOS, he would get a job for a company inside the USA. Thanks to both of you for your input. I would appreciate anything else anyone has to offer.

[Merlin<3Aidan 2]

I have contacted a couple of lawyers (4 actually) and they all agree that any type of employment is strictly prohibited, here or in the foreign country. Anyone have any thoughts on this?

[Harpa Timsah 13,258]

Interesting.

So let's say a company in Jerusalem is looking for a guy who can work for them in the US for a 6-month gig. Somebody from Haifa, who has a B2, applies for the job and gets hired. He's being paid in shekels into a Israel bank account. So under these conditions he's authorized to work in the US?

I don't think so!

There is another argument about this going on in the tourist visa forum - you know as you have participated. I have argued about this before elsewhere. He is still employed at his foreign company and is telecommuting for a temporary amount of time.

Business people use B1/B2 visas to attend meetings or check up on their company's US branch without work authorization. I can check an email from my work while I visit France or the moon.

http://travel.state.gov/pdf/BusinessVisa.pdf

This document goes through a variety of scenarios, and the sticking point in most of them is whether the payment comes from US-based or not.

This is for a B1/B2 - so is not necessarily translatable to K1, but I would like to see the same for K-1.

[Chris921 13]

hmmmm this is a very good question, i personally would contact the uscis office and check with them :S it saves getting in trouble for it later if not allowed to do so, but apart from the fact he is not allowed to wkr according to his immigrant status since he is not being employed by a company in america i believe his immigration status has no relevance of course this is only surmisation i would definately ask the professionals

[HeatDeath 430]

That's a good instinct but it probably won't work. The level 1 call centre employees at USCIS are notoriously unreliable. You call them twice and you end up with 3 opinions (which may very well all be wrong! ) Immigration lawyers are likely to be just as bad.

This whole question seems to be more than a little bit of a grey area. The US does have certain limitations on the sort of things that can be done on a business trip without an EAD, some of which appear to be somewhat vague or difficult to determine. The pdf Harpa Timsah linked to above is an official USCIS document and is likely to be the most authoritative word you'll find on the subject.

Edited May 16, 2011 by HeatDeath

[ManuFred 10]

This may be a silly question, but, does anyone know if it is possible for my fiance to continue working for his company in France via internet/telecommuting while he is in the USA waiting for his EAD? He would be paid in Euros/Francs to his French bank account. He and his company are well aware he would not be able to travel to France while he is waiting for his AOS etc. Thanks to anyone who can shed some light!

I agree with people that this is a grey area but I would reckon he is allowed to work from his own chair at home.

From my perspective EAD or no EAD is only relevant for US employers. He cannot work without EAD for a US employer but I would argue that if he is doing business within France, he doesn't work Americans and is just using a room in his own house he would be fine working remotely in Europe. As a French citizen he is obviously allowed to work in France and receive his pay check there. Bear in mind he would still have to report his income to the IRS in USA.

Remember, since I'm not a lawyer this cannot be considered as legal advise. It is just my gut feeling that this will be alright.

Question is not silly, by the way. Very interesting post.

[Gary and Alla 3,694]

This may be a silly question, but, does anyone know if it is possible for my fiance to continue working for his company in France via internet/telecommuting while he is in the USA waiting for his EAD? He would be paid in Euros/Francs to his French bank account. He and his company are well aware he would not be able to travel to France while he is waiting for his AOS etc. Thanks to anyone who can shed some light!

Yes. Perfectly legal. No different than if someone were here on vacation doing business by internet. My wife did this when she arrived, continuing her previous employment (or at least the part she could do by internet and telephone) If the money is paid to his foreign account no problem. He is NOT employed in the USA and the USA could not possibly care less about employment in other countries.

[Gary and Alla 3,694]

I have contacted a couple of lawyers (4 actually) and they all agree that any type of employment is strictly prohibited, here or in the foreign country. Anyone have any thoughts on this?

The lawyers are wrong.

Imagine an executive from France comes to the USA on vacation. While

here he particiaptes in teleconferences, answers emails, sends reports via internet, makes phone calls, basically does everything he does in France, but does it here while his family plays at the beach or goes to Disney World, and receives a paycheck by direct deposit in his French bank account. He withdraws cash from an ATM. Illegal? Be serious.

IF he were employed by a foreign compnay to WORK in the USA then he needs an EAD. If he is doing work by internet for an employer overseas, no problem.