Working for a British Company while living in the States

[Kathryn41 3,205]

Capri, the other posters are correct.

An EAD is required IF the individual is working in the US and displacing a potential US citizen from employment. An EAD is not required if the individual is living in the US but working overseas - and that is basically what remote work is - working outside of the US. The US has no control over what happens in other countries. It cannot tell a foreign employer that it cannot employ an individual who is not taking a job away from a US resident or citizen, nor is having deductions at source taken by the IRS. It is up to the employee to declare their 'world wide' earnings to the IRS and to file a tax return, often taking advantage of tax treaties with foreign countries to prevent double taxation.

An EAD is for employment in the US that is subject to US legislation, US employment standards and US employment benefits and deductions (Soc. Sec/ UI, etc.). It is not required for employment outside of the jurisdiction of US employers.

It is also important to realize that most of the wording on the instructions and application forms for the various visas has not been updated to incorporate circumstances of remote work since that is a relatively recent ability. The intent of the EAD is to ensure no US worker gets displaced by someone who isn't authorized to work in the US. Remote work is not working in the US - it is working overseas.

Edited January 15, 2013 by Kathryn41

[Villanelle 4,121]

Actually thats your opinion. My opinion is no and Im not alone. Heres a blog posted dated apx 6 months ago where two immigration lawyers debate the very issue.

http://blogs.ilw.com/angelopaparelli/2012/06/immigration-lawyers-arguing-can-i-work-from-home-for-a-foreign-employer.html

Can a foreign citizen while living in the United States and holding one of any number of categories of U.S. nonimmigrant status who are not expressly authorized to work can nonetheless be employed by and serve a foreign employer?

One argues no, the other argues it depends.

"The controversy arises because Congress has never bothered to define "employment" under the immigration laws, and the definitions of the term in immigration regulations, case law and non-binding policy guidance are incomplete or imprecise. "

So you be the judge. Personally though, if it was me, after investing so much time and money into the immigration process, I would not risk anything like working w/o an EAD knowing it could come back and bite me in the *ss.

[inqztve 42]

Actually thats your opinion. My opinion is no and Im not alone. Heres a blog posted dated apx 6 months ago where two immigration lawyers debate the very issue.

http://blogs.ilw.com/angelopaparelli/2012/06/immigration-lawyers-arguing-can-i-work-from-home-for-a-foreign-employer.html

Can a foreign citizen while living in the United States and holding one of any number of categories of U.S. nonimmigrant status who are not expressly authorized to work can nonetheless be employed by and serve a foreign employer?

One argues no, the other argues it depends.

"The controversy arises because Congress has never bothered to define "employment" under the immigration laws, and the definitions of the term in immigration regulations, case law and non-binding policy guidance are incomplete or imprecise. "

So you be the judge. Personally though, if it was me, after investing so much time and money into the immigration process, I would not risk anything like working w/o an EAD knowing it could come back and bite me in the *ss.

US law has no jurisdiction over British Employer. So she can work without an EAD. At any rate, my understanding is, unauthorized work is overlooked while adjusting status for the spouse of USC. So, either way it's a moot point. Isn't it?

Edited January 16, 2013 by inqztve

[epsonderby 85]

It's really not about opinion or interpretation. There isn't a clause that forbids or prohibits it. Regardless of how unjust or wrong it is morally, until the law is fixed or amended - this discussion is a mute point.

Should the law be clearer? more than likely, yes. Is it? No. End of.

[aaron2020 11,651]

Actually thats your opinion. My opinion is no and Im not alone. Heres a blog posted dated apx 6 months ago where two immigration lawyers debate the very issue.

http://blogs.ilw.com/angelopaparelli/2012/06/immigration-lawyers-arguing-can-i-work-from-home-for-a-foreign-employer.html

Can a foreign citizen while living in the United States and holding one of any number of categories of U.S. nonimmigrant status who are not expressly authorized to work can nonetheless be employed by and serve a foreign employer?

One argues no, the other argues it depends.

"The controversy arises because Congress has never bothered to define "employment" under the immigration laws, and the definitions of the term in immigration regulations, case law and non-binding policy guidance are incomplete or imprecise. "

So you be the judge. Personally though, if it was me, after investing so much time and money into the immigration process, I would not risk anything like working w/o an EAD knowing it could come back and bite me in the *ss.

What happen to the "laws are clear?"

Th opinion of a single attorney is meaningless. It is not the position of USCIS. Why don't you point out what is USCIS's opinion. I would rather rely on USCIS's opinion rather than yours or a single attorney.

Please point to ANY K-1 that USCIS has caused problems for who telecommuted for a foreign employer, especially when that K-1 marries a US citizen. Please show us an example of someone like the OP who has gotten ANY trouble.

[Villanelle 4,121]

Lol. Well, while I personally believe the laws are clear, I am willing to concede that the language itself in the laws and policy guidelines can be viewed as incomplete or imprecise.

As Kathryn eloquently stated this is because remote work is a relatively recent ability. So while I feel its clearly covered as employment on US soil, you all feel its not and and there is no clause that forbids it.

And no Aaron I can not point to anyone that has gotten in significant 'trouble' for it, at least not yet, which is exactly my point. Thats what happens in situations like this. Eventually the sh*ts gonna hit the fan. There are plenty of immigration lawyers who take my position as well as USCIS employees, and vice versa. Someones gonna get pinched and then it will be a case of OP vs USCIS, where the courts will have to make a ruling- specifically detailing what employment is in 2013 and how remote work fits in.

(For me and my spouse,personally, we dont need those headaches. We are not trailblazers. If the OP or any other K1 wants to IMO take that risk, then by all means go for it. It is a relatively short amount of time between arriving in the US on your K1 and obtaining your EAD though.)

[Jessee&Lilli 0]

Thank you all for your comments.

I don't think I am getting ahead of myself with ensuring I still have a secure income when I move, we all know this process is expenisve and knowing I have a monthly salary is calming.

My future hubby has called USCIS with this question, and we have been told that as long as we file our taxes at the end of the year, I am ok to work remotely, for a British based company.

Again, thank you all for your comments, especially those who have commented out of experience!

[epsonderby 85]

Thank you all for your comments.

I don't think I am getting ahead of myself with ensuring I still have a secure income when I move, we all know this process is expenisve and knowing I have a monthly salary is calming.

My future hubby has called USCIS with this question, and we have been told that as long as we file our taxes at the end of the year, I am ok to work remotely, for a British based company.

Again, thank you all for your comments, especially those who have commented out of experience!

You're more than welcome. Glad you decided to go ahead as planned. I had 0 problems. Good luck

[Villanelle 4,121]

Im hoping that some of the posters who posted here before are still around and will be able to offer some input on something-

You all know my position on 'working remotely' (lol) Recently someone has been seeking advice about a similar yet different situation, and as we all know even one slightly different detail can make a huge difference.

To maintain the girls privacy and since it doesnt really effect the situation it doesnt matter her nationality or her job or her pay or her age or her relation to me- so Im just going to leave those details out..

The pertinent information is-

Shes an F1 visa holder. She has a foreign passport. Apx 3 months ago she began working for a company online. The company hired her to work under her foreign passport. It was the only thing they asked her for. She logs on to the site 'submits' her work, and they pay her directly into her bank account. She has a international student account with a bank like bank of america. The company is a US based company. Shes been doing this for 3 months. She was doing so well with it, that she decided to expand and attempt to sign up with another US based company who said whoa, you live in the US? can you work here? we want proof. Which caused her to question if shes allowed to be doing this. I do not know if she has a SS number or a ITIN number. Like I said, shes been doing this for 3 months.

She posted this elsewhere and the responses were harsh. Most were F1s can not work unless its approved by the school. (what shes doing would not be) Then the issue of working remotely came up and it was 'decided' that similar to how I felt, physically working on US soil is physically working in the US no matter what. {all kinds of nonsense ensued, claims that she could only be classified as working remotely if she held the job prior to entering the US (?) working remotely doesnt apply to F1 students because theyre supposed to have secure funding to support themselves (?)}

I tried to say what you all said- that foreign passport holders can work remotely as there is no law that clearly states you can and there is no law that clearly forbids it. My only concern, which is why Im posing it to you all is- is it considered working remotely if its for a US based company?

Since working remotely is tied into taxes, Im kind of thinking that in order for it to be considered 'working remotely' it has to be for a foreign company. The company shes working for is not a foreign company. They are US based. Her earnings are taxable in the US as she is living in the US. That is a visa violation is it not? She has US based earnings.

However if she was to find a job online that is not US based. F visa holders are permitted to exclude from their U.S. gross income any pay received from a foreign employer. So she could work from home for a foreign employer, and would not be considered to have earned any US source income by doing that correct? She would not be violating the terms of their visa in doing that would she?

What are the girls options right now? has the damage already been done? While I would not suggest to her to commit tax fraud and not report her 3 months earnings is this a case of- sorry to tell you this but when you report the earnings you will be in effect telling them you violated your visa?

(I told her I would post here and relay to her any answers, because this is going to effect her future and may get her visa revoked Im looking for hard answers and not speculation)

[aaron2020 11,651]

Im hoping that some of the posters who posted here before are still around and will be able to offer some input on something-

You all know my position on 'working remotely' (lol) Recently someone has been seeking advice about a similar yet different situation, and as we all know even one slightly different detail can make a huge difference.

To maintain the girls privacy and since it doesnt really effect the situation it doesnt matter her nationality or her job or her pay or her age or her relation to me- so Im just going to leave those details out..

The pertinent information is-

Shes an F1 visa holder. She has a foreign passport. Apx 3 months ago she began working for a company online. The company hired her to work under her foreign passport. It was the only thing they asked her for. She logs on to the site 'submits' her work, and they pay her directly into her bank account. She has a international student account with a bank like bank of america. The company is a US based company. Shes been doing this for 3 months. She was doing so well with it, that she decided to expand and attempt to sign up with another US based company who said whoa, you live in the US? can you work here? we want proof. Which caused her to question if shes allowed to be doing this. I do not know if she has a SS number or a ITIN number. Like I said, shes been doing this for 3 months.

She posted this elsewhere and the responses were harsh. Most were F1s can not work unless its approved by the school. (what shes doing would not be) Then the issue of working remotely came up and it was 'decided' that similar to how I felt, physically working on US soil is physically working in the US no matter what. {all kinds of nonsense ensued, claims that she could only be classified as working remotely if she held the job prior to entering the US (?) working remotely doesnt apply to F1 students because theyre supposed to have secure funding to support themselves (?)}

I tried to say what you all said- that foreign passport holders can work remotely as there is no law that clearly states you can and there is no law that clearly forbids it. My only concern, which is why Im posing it to you all is- is it considered working remotely if its for a US based company?

Since working remotely is tied into taxes, Im kind of thinking that in order for it to be considered 'working remotely' it has to be for a foreign company. The company shes working for is not a foreign company. They are US based. Her earnings are taxable in the US as she is living in the US. That is a visa violation is it not? She has US based earnings.

However if she was to find a job online that is not US based. F visa holders are permitted to exclude from their U.S. gross income any pay received from a foreign employer. So she could work from home for a foreign employer, and would not be considered to have earned any US source income by doing that correct? She would not be violating the terms of their visa in doing that would she?

What are the girls options right now? has the damage already been done? While I would not suggest to her to commit tax fraud and not report her 3 months earnings is this a case of- sorry to tell you this but when you report the earnings you will be in effect telling them you violated your visa?

(I told her I would post here and relay to her any answers, because this is going to effect her future and may get her visa revoked Im looking for hard answers and not speculation)

Don't mix up tax laws with immigration laws.

First, working for a non-US employer online is okay. That's not a US job. Working online for a US company is a US job. She needs US work authorization for a US job. Since she does not have work authorization, she has been working illegally in violation of her student visa.

Second, paying US taxes has nothing to do with work authorization or her immigration status. Her physical presence in the US for more than 6 months in a year means her worldwide income is subject to US taxation. As you can see, physical presence had nothing to do with her immigration status or a US job.

Your friend is in big trouble for working illegally in violation of her student status.

[braem 0]

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?

I realise this issue is sort of undefined, and based on other threads and this one, USCIS have given both positive and negative answers to the question "can I work for a foreign UK company?" (If anyone has an actual clear-cut legal answer, please link a source to it.)

I have another question with this setup though: if you've told HMRC you're moving country and leaving the UK, and the UK company you're working for continues to pay money into a UK bank account, are you still paying UK taxes on that? I think you're technically still resident for a short period, on a self-employed basis? Do you then need to file for relief under double taxation treaties when you file with the IRS? (I assume setting up a company in the US and working through that separate legal entity is the way to avoid any such tax issues.)

[Sumedha 0]

Kathryn, what was the email that you used to contact USCIS? My fiance is coming over one k1 visa as well and he too is wondering if he can work remotely for his company back home. Please let me know. 

 

Thank you!

[TBoneTX 43,002]

Thread from 2013 is now closed to further comment.