Working for a British Company while living in the States

[Jessee&Lilli 0]

Apologies in advance if this is not the right place to post this question.

My fiance and I are currently waiting for our NOA2. My British employer has offered me to keep my job and work from home (in the States). I have seen threads about this before and understand that as long as my employer is based outside the US and i am getting my salary in GBP into my UK bank account I am not breaking any laws, but I still havent found this info on the USCIS or embassy website. Can anybody advise where I can find this info?

Anyone on here who has done this? In particular any women who have taken on their husbands name - did you change the name on your bank account in the UK?

Thanks

[bigdog 376]

My wife uses her maiden in her home country and married in US. Your tax professional might provide insight on this.

[TBoneTX 43,194]

*** Thread moved from K-1 Process forum to Working & Traveling forum as a more appropriate place for this topic. ***

[Villanelle 4,121]

Wow, youre really getting ahead of yourself here. According to your timeline youre waiting on your NOA2 for a K1 visa. So Im assuming your fiance lives in the US and you reside overseas and youre not even married yet nor residing together in the US.

Basically what will happen is the following. Once your K1 visa is approved youll come to the US where you will be required to marry your fiance in 90 days. When you get here you will not have any kind of work permit, you could file for one but its sort of pointless as its only valid as long as your K1 visa is valid. Crunching the time it takes to apply and get approved it doesnt work out to much time even if you file immediately upon arrival.

Once you are married you will file your AOS, which will include EAD and AP applications. This will allow you to work and travel until you get your GC (which in some cases can take a while).

So there will be a gap of several months where you will not be able to work. It doesnt matter if youre working for a company based overseas and being paid to a foreign account. Your residence is in the US. You will have no legal work auth in the US until you obtain your EAD card which you will not get until apx 3 months after you file for AOS after you are married. Will your employer hold your position that long?

[epsonderby 85]

So there will be a gap of several months where you will not be able to work. It doesnt matter if youre working for a company based overseas and being paid to a foreign account. Your residence is in the US. You will have no legal work auth in the US until you obtain your EAD card which you will not get until apx 3 months after you file for AOS after you are married. Will your employer hold your position that long?

You don't need the EAD if you're working for a company based outside of the US remotely and you receive the salary outside of the US. In your case OP, you're fine if that's your plan.

[Villanelle 4,121]

You don't need the EAD if you're working for a company based outside of the US remotely and you receive the salary outside of the US. In your case OP, you're fine if that's your plan.

While thats true thats not what the OP posted she proposed that she would be "work(ing) from home (in the States)." for a foreign company and receiving her pay in a foreign account.

Theres a huge difference between working remotely for a company and working remotely from home in the US esp when you dont have a valid EAD permit in the US.

In order for the OP to be considered working remotely, she would have to maintain her foreign address with the company and would just be performing her work from a different location any where in the world that she happens to be. If its the type of job that allows for it she can work in that fashion, however to qualify for AOS, she can not maintain dual residency. Applying for AOS means youve severed all ties to your former residence and the US is your only residence.

Therefore she would have to change her address with the company and work remotely from home in the US. As a K1 visa holder and a LPR applicant she is required to have an EAD card in order to work.

When you work remotely for a company you can do so anywhere in the world as long as you are a visitor to the respective location. But if your respective location is a place where you are establishing residency you need to follow the laws and obtain whatever permits are required to work.

[epsonderby 85]

While thats true thats not what the OP posted she proposed that she would be "work(ing) from home (in the States)." for a foreign company and receiving her pay in a foreign account.

Theres a huge difference between working remotely for a company and working remotely from home in the US esp when you dont have a valid EAD permit in the US.

In order for the OP to be considered working remotely, she would have to maintain her foreign address with the company and would just be performing her work from a different location any where in the world that she happens to be. If its the type of job that allows for it she can work in that fashion, however to qualify for AOS, she can not maintain dual residency. Applying for AOS means youve severed all ties to your former residence and the US is your only residence.

Therefore she would have to change her address with the company and work remotely from home in the US. As a K1 visa holder and a LPR applicant she is required to have an EAD card in order to work.

When you work remotely for a company you can do so anywhere in the world as long as you are a visitor to the respective location. But if your respective location is a place where you are establishing residency you need to follow the laws and obtain whatever permits are required to work.

Wrong, all wrong. Misinformation does so much damage...

As long as the OP doesn't work for a US company and she receives her pay outside of the US, the OP is good. How else would you define remotely in this context? Remote working doesn't mean you have to be a visitor to that place, where on earth did you get that?

The EAD is to prove that you have permission to legally work in the US, as in, actually in the US for a domestic firm that abides by US Labor laws. Discuss?

AOS doesn't mean that you 'sever' all your ties to your former residence at all. She would still be a British citizen, wouldn't she? correct me if I'm wrong - just a little fuzzy in what you mean by that?

I should add that I'm talking from experience having done some work remotely for overseas firms where I received my compensation overseas whilst waiting for my AOS to complete, pre and post-EAD. I confirmed it at several stages with various different agencies and finally at my interview with my IO. He confirmed that I was good and reminded me to make sure that I remember to declare it when I file taxes as earned foreign income. The IO had no reason to mislead me or misguide me in any way, did he?

Edited January 14, 2013 by epsonderby

[aaron2020 11,651]

The OP is fine to work. This is not a US job. She is not taking a job that could go to another US person.

Since the OP will be here in the US, the OP gets the pleasure of reporting this income on his US tax return.

[Villanelle 4,121]

Citizenship and residency are two different things. In the US you can only be a permanent resident in one place- here. You dont give up your citizenship when you become a LPR. But you do give up any other residences you have in order to have permanent residency in the US.

So the issue isnt really that complicated. You only have one residence. Its in the US. You will be performing your work from home. You dont have a valid work permit. It doesnt matter if the company you are working for is located overseas or they pay you in an overseas account. Technically you are breaking the law by working w/o the permit. The problem is foreign companies do not typically respect US laws and require proof of work eligibility for employees based in the US, so you can get away with it.

Working remotely like that is usually deemed irrelevant to most IOs, as youre not displacing any "American workers", nor are any American companies violating immigration laws by hiring someone w/o a valid EAD. As long as you declare it on your taxes properly you probably wont have any issues- however its not a guarantee. If you want to be 100% sure you wont have any issues- do the right thing and NOT work, even remotely until you have the EAD.

[epsonderby 85]

Citizenship and residency are two different things. In the US you can only be a permanent resident in one place- here. You dont give up your citizenship when you become a LPR. But you do give up any other residences you have in order to have permanent residency in the US.

Until the OP finishes the AOS this isn't even relevant, hence why I asked the reason it even needed to be mentioned?

So the issue isnt really that complicated. You only have one residence. Its in the US. You will be performing your work from home. You dont have a valid work permit. It doesnt matter if the company you are working for is located overseas or they pay you in an overseas account. Technically you are breaking the law by working w/o the permit. The problem is foreign companies do not typically respect US laws and require proof of work eligibility for employees based in the US, so you can get away with it.

The issue isn't complicated, you're right. You're spreading misinformation. Stop it. There is no 'technically', 'theoretically', or 'morally' in this regard, or whether foreign companies respect US laws or not.

Working remotely like that is usually deemed irrelevant to most IOs, as you're not displacing any "American workers", nor are any American companies violating immigration laws by hiring someone w/o a valid EAD. As long as you declare it on your taxes properly you probably wont have any issues- however its not a guarantee. If you want to be 100% sure you wont have any issues- do the right thing and NOT work, even remotely until you have the EAD.

Stop, stop and stop. The OP will not have any problems. Check the US Labor laws and also with other agencies. Not a problem as long as foreign earned income is declared on tax returns for the respective year earned. The right thing is to do what you're allowed to do and work as you've already mentioned, OP.

Edited January 14, 2013 by epsonderby

[aaron2020 11,651]

Citizenship and residency are two different things. In the US you can only be a permanent resident in one place- here. You dont give up your citizenship when you become a LPR. But you do give up any other residences you have in order to have permanent residency in the US.

So the issue isnt really that complicated. You only have one residence. Its in the US. You will be performing your work from home. You dont have a valid work permit. It doesnt matter if the company you are working for is located overseas or they pay you in an overseas account. Technically you are breaking the law by working w/o the permit. The problem is foreign companies do not typically respect US laws and require proof of work eligibility for employees based in the US, so you can get away with it. WRONG!!!! There is no law being broken. If you insist that the OP is "technically . . . breaking the law by working w/o the permit," then show us the law. There is no such law.

Working remotely like that is usually deemed irrelevant to most IOs, as youre not displacing any "American workers", nor are any American companies violating immigration laws by hiring someone w/o a valid EAD. As long as you declare it on your taxes properly you probably wont have any issues- however its not a guarantee. If you want to be 100% sure you wont have any issues- do the right thing and NOT work, even remotely until you have the EAD. WRONG!!! WRONG!!! WRONG!!!!

[Villanelle 4,121]

Well I dont know what "agencies" you checked with. but the laws are clear. If you enter the country as a K1 visa holder you do not have the legal right to work with out a valid EAD card until you apply for one or obtain your GC. Its pretty clear. Its posted various places on this site as well as on the USCIS site/ all over the net.

Youre bound by whatever the laws or terms are of the visa that you entered on. For a K1 its having to obtain a work permit to be able to work. And having to obtain AP to be able to to travel.

Youre implying that theres some sort of a loophole (?) that a K1 visa holder can do work physically while in the US if its done remotely for an overseas company- and I have to disagree. Physically working in the US with out an EAD card when youre required to have one is a violation of the law.

[aaron2020 11,651]

Well I dont know what "agencies" you checked with. but the laws are clear. If you enter the country as a K1 visa holder you do not have the legal right to work with out a valid EAD card until you apply for one or obtain your GC. Its pretty clear. Its posted various places on this site as well as on the USCIS site/ all over the net.

Youre bound by whatever the laws or terms are of the visa that you entered on. For a K1 its having to obtain a work permit to be able to work. And having to obtain AP to be able to to travel.

Youre implying that theres some sort of a loophole (?) that a K1 visa holder can do work physically while in the US if its done remotely for an overseas company- and I have to disagree. Physically working in the US with out an EAD card when youre required to have one is a violation of the law.

Talk. Talk. Talk. You keep claiming that is it illegal for a foreign national to do work for a foreign company while in the US. This is clearly not a case where a foreign person is taking a job away from a US person. So, how is this breaking the law? What specific law is being broken?

SHOW US THE LAW!!!!!!!!!

Since you claim the "laws are clear," then show them to us. Otherwise, you are making stuff up without any proof of what you say.

Edited January 14, 2013 by aaron2020

[Villanelle 4,121]

A K1 visa holder is required to have a valid EAD permit to be able to work physically in the US.

Its common knowledge. Its clearly written in the guides (http://www.visajourney.com/content/compare)

And posted on the USCIS site- http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=640a3e4d77d73210VgnVCM100000082ca60aRCRD&vgnextchannel=640a3e4d77d73210VgnVCM100000082ca60aRCRD

"Permission to Work

After admission, your fiancé(e) may immediately apply for permission to work by filing a Form I-765, Application for Employment Authorization with the USCIS Service Center having jurisdiction over your place of residence. Any work authorization based on a nonimmigrant fiancé (e) visa would be valid for only 90 days after entry. However, your fiancé (e) would also be eligible to apply for an extended work authorization at the same time as he or she files for permanent residence. In this case, your fiancé(e) would file Form I-765 together with Form I-485 as soon as you marry."

A k1 visa holder can immediately apply for an EAD permit immediately upon arrival, however since it typically takes 3 months for approval, and the card you would be issued as a K1 visa holder would only be valid for the duration of your K1 visa (3 months) its a wash and a waste of money. So hardly anyone applies for the EAD as a K1.

Once you are married you are still a K1 visa holder on a period of authorized stay, as your visa expired, while your AOS is pending. You are eligible to apply for the extended work auth at the same time you apply for AOS if you want to work while you wait for your GC.

Again physically working in the US with out an EAD card when youre required to have one is a violation of the law. Those in the US on a K1 visa awaiting GCs are required to have EADs.

[epsonderby 85]

A K1 visa holder is required to have a valid EAD permit to be able to work physically in the US.

Its common knowledge. Its clearly written in the guides (http://www.visajourney.com/content/compare)

And posted on the USCIS site- http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=640a3e4d77d73210VgnVCM100000082ca60aRCRD&vgnextchannel=640a3e4d77d73210VgnVCM100000082ca60aRCRD

"Permission to Work

After admission, your fiancé(e) may immediately apply for permission to work by filing a Form I-765, Application for Employment Authorization with the USCIS Service Center having jurisdiction over your place of residence. Any work authorization based on a nonimmigrant fiancé (e) visa would be valid for only 90 days after entry. However, your fiancé (e) would also be eligible to apply for an extended work authorization at the same time as he or she files for permanent residence. In this case, your fiancé(e) would file Form I-765 together with Form I-485 as soon as you marry."

A k1 visa holder can immediately apply for an EAD permit immediately upon arrival, however since it typically takes 3 months for approval, and the card you would be issued as a K1 visa holder would only be valid for the duration of your K1 visa (3 months) its a wash and a waste of money. So hardly anyone applies for the EAD as a K1.

Once you are married you are still a K1 visa holder on a period of authorized stay, as your visa expired, while your AOS is pending. You are eligible to apply for the extended work auth at the same time you apply for AOS if you want to work while you wait for your GC.

Again physically working in the US with out an EAD card when youre required to have one is a violation of the law. Those in the US on a K1 visa awaiting GCs are required to have EADs.

Wrong. You misinterpreting the word 'physically'. I also don't think you understand the rules. You can quote countless USCIS guidelines if you want, it won't make you right. Check other posts on this matter in this sub-forum and the forum-at-large. You're welcome...

I'll repeat again, just for the sake of it, the OP won't be 'physically' working in the US - she won't be working for a US firm, nor will she be paid in the US. With me so far? So she's good to go. I have done it and it caused me no problem whatsoever.

Tell me how, if I was working for a British firm, would I be doing something that breaks the law in the US? Do I need EAD to work in the UK? No, I'm British. Is my money being paid into the US? No, it's going into my UK account having paid UK PAYE tax. I feel you're getting hung up on the 'physically' aspect, as I mentioned earlier.