Working after arrival: Online job?

[Pheebs1201 269]

I, personally, would not want to risk it, no matter how much I want to get back to work.

I would recommend consulting several immigration attorneys as attorneys have been known to be wrong in this regard before. It's only a few months if you marry and file right away, if your employer is willing to let you work whilst in the US, one would think they'd be willing to allow you a few months holiday to get the proper authorization.

I understand and I do agree its not worth the risk without proper research.

The work I do is freelance so I have no set contract with them, so taking time off would not be an issue, they let me take each summer of whilst I work at a US summer camp anyway, so I'm not worried about losing my job.

It just seems so ridiculous that I cannot continue with the work, especially as I cannot do anything else during this time! It would not be taking a job from any US citizen and I pay UK taxes... boggles my mind thats all! I am certainly not disagreeing with you, simply baffled.

[d3adc0d3 186]

I understand and I do agree its not worth the risk without proper research.

The work I do is freelance so I have no set contract with them, so taking time off would not be an issue, they let me take each summer of whilst I work at a US summer camp anyway, so I'm not worried about losing my job.

It just seems so ridiculous that I cannot continue with the work, especially as I cannot do anything else during this time! It would not be taking a job from any US citizen and I pay UK taxes... boggles my mind thats all! I am certainly not disagreeing with you, simply baffled.

Hah. Don't worry most USC's are baffled at the sheer stupidity of some of our laws, and pedantic a-holes who enforce them.

[Pheebs1201 269]

Hah. Don't worry most USC's are baffled at the sheer stupidity of some of our laws, and pedantic a-holes who enforce them.

Doesn't sound dissimilar to the UK!

I guess I will have to seek legal advice nearer the time, which could end up costing me more than I'd earn in that short time anyway, ironically...

[Katie&Kevin14 0]

I am having a similar issue... I want to continue to work for my company as they are based in the UK and the US... I can work remotely and have worked using the ESTA programme on business in the US before...

Can I work this job as a British citizen, getting paid into my GBP bank untill I am authorized to work in the US?? So confusing, as I also have no intention of breaking laws so this has been an interesting disscussion. Still not really sure what is right and wrong though... Anyone had any experience in this?

Edited November 7, 2014 by Katie&Kevin14

[Pheebs1201 269]

I am having a similar issue... I want to continue to work for my company as they are based in the UK and the US... I can work remotely and have worked using the ESTA programme on business in the US before...

Can I work this job as a British citizen, getting paid into my GBP bank untill I am authorized to work in the US?? So confusing, as I also have no intention of breaking laws so this has been an interesting disscussion. Still not really sure what is right and wrong though... Anyone had any experience in this?

We are very much in the same boat on this one! Maybe someone else will have had a similar experience and can advise us on what they did.

[Hotter Otter 1,211]

This has got to be one of the biggest grey areas on VJ. Personally I wouldn't risk it- although it doesn't seem to break the rules it could easily be interpreted wrongly! Let us know if you get a legal opinion and how it works out for you!

[Teddy B 17,251]

You can continue to work for them when you land stateside. You will not be breaking any laws for you are not being hired in the US. The only difference is that once you become a LPR you'll need to add your GBP earnings to your US tax return, so if the company agrees, you can continue to work for them as if nothing had happened.

Good luck!

I agree with John that you're ok to continue working remotely as long as you claim your earnings on US taxes once you become an LPR. You are not taking any work away from a USC by doing so and your are here legally, so no laws being broken. My wife worked remotely in the US on all of her trips here to visit me and for the 4 months preceding her greencard. She always declared to the POE officers that she would be doing so and never had a problem in that regard.

[Pheebs1201 269]

I agree with John that you're ok to continue working remotely as long as you claim your earnings on US taxes once you become an LPR. You are not taking any work away from a USC by doing so and your are here legally, so no laws being broken. My wife worked remotely in the US on all of her trips here to visit me and for the 4 months preceding her greencard. She always declared to the POE officers that she would be doing so and never had a problem in that regard.

That's good to hear, thank you! I have posted the question on a few of those "free legal advice" websites to get some initial feedback whilst I'm in the early stages and they seem to agree it is legal.

[Teddy B 17,251]

That's good to hear, thank you! I have posted the question on a few of those "free legal advice" websites to get some initial feedback whilst I'm in the early stages and they seem to agree it is legal.

You're welcome.

Working remotely is a fairly new concept and it's always smart to use caution.

[templeton 120]

I understand and I do agree its not worth the risk without proper research.

The work I do is freelance so I have no set contract with them, so taking time off would not be an issue, they let me take each summer of whilst I work at a US summer camp anyway, so I'm not worried about losing my job.

It just seems so ridiculous that I cannot continue with the work, especially as I cannot do anything else during this time! It would not be taking a job from any US citizen and I pay UK taxes... boggles my mind thats all! I am certainly not disagreeing with you, simply baffled.

I think the key point that many of the commenters who suggest you are in the clear are missing is the FREELANCE part. If you were an actual employee of the foreign company AND everything was arm's length from the US, then I'd agree and say you fall into a grey area (one that I was in myself for a few months).

But freelance is just another term for SELF-EMPLOYED. And since you will live in, and be doing that work in the US, that would absolutely fall into the category of US EMPLOYMENT as far as IRS and Immigration would be concerned, which is obviously a no-no until you get your EAD. It makes no difference who that work is for or how you get paid.

Edited November 7, 2014 by templeton

[Teddy B 17,251]

I think the key point that many of the commenters who suggest you are in the clear are missing is the FREELANCE part. If you were an actual employee of the foreign company AND everything was arm's length from the US, then I'd agree and say you fall into a grey area (one that I was in myself for a few months).

But freelance is just another term for SELF-EMPLOYED. And since you will live in, and be doing that work in the US, that would absolutely fall into the category of US EMPLOYMENT as far as IRS and Immigration would be concerned, which is obviously a no-no until you get your EAD. It makes no difference who that work is for or how you get paid.

My wife was self employed as a book keeper at the time she worked remotely in the US, it doesn't matter. As long as you're not taking a job away from a USC and not getting paid in US funds, it doesn't matter what the description of your job title is.

[Katie&Kevin14 0]

Hi, this has been really interesting!

It is a nightmare - all this grey area lol! I am actually talking to my boss next week and he said he will talk to the legal people in the company, I will let you know what comes up

[hir0 49]

I'm a bit out of subject but what kind of job is it? I would looove to have an online job

[d3adc0d3 186]

My wife was self employed as a book keeper at the time she worked remotely in the US, it doesn't matter. As long as you're not taking a job away from a USC and not getting paid in US funds, it doesn't matter what the description of your job title is.

Not really true. Freelance workers who spend more than 3 months on US soil are considered "self-employed" and must report all earnings to the IRS and immigration. To avoid doing this is tax evasion. Whilst working online for an overseas company is definitely grey area, it is less so once you're an "independent contractor" as at that point, you're considered self-employed, and all self-employed income is now considered US Based income.

I'm a freelancer, and I work for international companies building websites and applications. I've had enough headaches with the US tax laws to know how insanely inane and pedantic they can be about getting their money.

If a freelancer chooses to work for a non-us based company and have the money deposited into a non-us bank account, whilst attempting to immigrate to the US, don't you think that would raise some red flags come AOS time when you're supposed to report all earnings and they start checking up on things? The US has a very long reach when it comes to immigration and they scrutinize everything. I'm pretty sure if the beneficiary was receiving paychecks the foreign government would have knowledge of this and report thus to the US government when the AOS time came around.

[templeton 120]

My wife was self employed as a book keeper at the time she worked remotely in the US, it doesn't matter. As long as you're not taking a job away from a USC and not getting paid in US funds, it doesn't matter what the description of your job title is.

This is terrible advice. Sorry, I'm not preaching here, nor do I care, but if your wife worked in the US under those circumstances before she had authorization, then I'm glad that it that didn't come back to haunt you.

If you are living in the US, are getting paid to do work, and you're not an employee of a foreign or domestic company, then by default you are self-employed in the US (regardless of whether you have officially set up a company in your name or not). Self-employed in the US = US Employment. There's no grey area here. That you are doing work for a foreign entity is irrelevant. YOUR employment is still US-based because in the eyes of the government you ARE working for a US company. It's just that in this case the "company" happens to be you and you are it's only employee. Go ahead and consult anyone at USCIS or any immigration lawyer and ask them if it will be okay for you to work as a self employed person in the US before getting your EAD. The answer will be an unequivocal 'No'. Like many other aspects of immigration, just because someone else was able to do it doesn't mean it's okay.

OP, feel free to take your chances. I realize that it's all really just semantics as far as who is getting paid for doing what for who and where, but your situation is very cut and dried as far as USCIS would be concerned. Sure, maybe nothing happens...maybe Immigration won't know, or even care...but you are potentially begging for trouble come AOS time if you do.

Edited November 7, 2014 by templeton