Legalities of working

[Boiler 43,720]

Working while visiting seems to be an entirely different issue. I don't know the rules on that one. "Just not supposed to work without authorization" is too general of a comment and just going on that on face value, is not true.

Agree, this is K1.

[Ms Hogan 295]

Working while visiting seems to be an entirely different issue. I don't know the rules on that one. "Just not supposed to work without authorization" is too general of a comment and just going on that on face value, is not true.

I don't disagree with you. My post broke and I couldn't correct it last night! What I was trying to get to is that the whole "Not supposed to work without authorization" is hard to understand. Why, as you pointed out, if you are not taking away from a U.S. job opportunity, should it matter if you are doing work for your Canadian company while waiting for official work authorization. And then further to that... why should it matter AT ALL if I work for my Canadian company while visiting the U.S. Obviously tons of people are doing it but it seems ridiculous that as a visitor to the U.S. you can't do some of your work remotely (not that they can stop you or even know) but how does THAT affect anything? And then continuing on my own 'warning' experience... while waiting for my process to complete, during visits, why would me working for my Canadian company matter then either?

Is it because they can't collect taxes from your? Is that really what it is all about?

[RobertM54 36]

Working while visiting seems to be an entirely different issue. I don't know the rules on that one. "Just not supposed to work without authorization" is too general of a comment and just going on that on face value, is not true.

If you go back the the lawyers arguing, the anti-work lawyer relied on an IRS rule that the worker must be in the USA for more than 90 days in the year. So that covers casual work situations where people are just visiting.

Everything you need to know is in this 2013 thread

http://www.visajourn...-in-the-states/

It ended with

"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."

So far, no one has shown an example where remote work has caused a problem with USCIS (I think - still waking up)

And yes - you will pay taxes on that work..

[Boiler 43,720]

There was an awful lot of ####### posted in that thread and it ended with this.

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.)

[RobertM54 36]

The meaningful end was USCIS told her to go ahead and work - everything else was noise.

[Loki_Go 126]

So far, no one has shown an example where remote work has caused a problem with USCIS (I think - still waking up)

And yes - you will pay taxes on that work..

Right. Except your Canadian or UK remote income will be reported as foreign income on your US tax return so it's taxed at a different rate. I'm not sure exactly what that rate is yet. I'm also going to look into recouping some of the deductions from my CDN pay cheque. SInce I'm not a resident in Canada so there's no way to collect EI or anything like that I wonder if there's a portion that can be returned to me. I'm probably wishful thinking but you never know.

That's why I recommend using an international accountant for things like this; it's too complicated and I want to at least minimize the monies I'm going to owe.

[aayitrun 66]

I am working remotely for my Canadian company. I came over on a K1 and am doing the AOS now. I do not have my AP/EAD yet. I missed a total of 2 working days when I moved here.

I'm not sure why some people here are adamant about not working remotely. Yes, it's considered a grey area and a risk, but has anyone heard of anyone getting deported or whatever from it or are you just repeating what you've read and making assumptions? I consulted 2 independent lawyers and my company's lawyers and they all agree it's still a grey area; until there's some sort of definitive ruling on whether or not this is legal there haven't been any documented repercussions of anyone working remotely. People have done it, I'm doing it. In fact, it's been documented here that working illegally is often forgiven through the marriage process anyway.

I am not taking an AMERICAN job. I will file my taxes in both US and Canada (and get stung by it)

More and more jobs are moving to work-from-home and it looks like USCIS has not quite caught up with that yet.

its not a grey area. immigrants without ead/gc/work visas are not allowed to perform their work and get paid in the united states. it doesnt matter where your company is. it doesnt matter if or not you are willing to file taxes. you are not allowed to collect payment for work.

you can volunteer, but cant collect a paycheck.

violate at your own risk.

[Transborderwife 4,666]

its not a grey area. immigrants without ead/gc/work visas are not allowed to perform their work and get paid in the united states. it doesnt matter where your company is. it doesnt matter if or not you are willing to file taxes. you are not allowed to collect payment for work.

you can volunteer, but cant collect a paycheck.

violate at your own risk.

Wrong. If it's for a company without us presence and being paid into a foreign account it's a grey area.

[Loki_Go 126]

its not a grey area. immigrants without ead/gc/work visas are not allowed to perform their work and get paid in the united states. it doesnt matter where your company is. it doesnt matter if or not you are willing to file taxes. you are not allowed to collect payment for work.

you can volunteer, but cant collect a paycheck.

violate at your own risk.

You're wrong. Do you have any source(s) where working remotely has had any consequences?

[Boiler 43,720]

The meaningful end was USCIS told her to go ahead and work - everything else was noise.

In writing?

More likely spoke to someone on the Misinformation Line.

[Ontarkie 13,957]

here is an older thread that might help some

http://www.visajourney.com/forums/topic/402045-candian-working-remotely-in-us/page-2?hl=%2Bworking#entry5848351

[aayitrun 66]

You're wrong. Do you have any source(s) where working remotely has had any consequences?

nope.

http://www.nationofimmigrators.com/employment-based-immigration/immigration-lawyers-arguing-can-i-work-from-home-for-a-foreign-employer/

For the individual, the foremost reason why not is spelled out in Chapter 3 of IRS Publication 519, US Tax Guide for Aliens. Any income from services performed for a foreign employer by someone present in the United States is deemed “US source income” unless that income meets ALL THREE of the following conditions: 1) total annual earnings from such services is less than $3,000; 2) the nonresident alien is physically present in the United States for not more than 90 days in the year; 3) the services are performed under contract with a nonresident alien individual, foreign partnership or foreign corporation.

Their visa status does not permit them to earn any “US source income.” If they do earn any significant income from a foreign source while spending most of the year here, it will be considered “US source income” because they are located here, and it will be taxable here. From the immigration perspective, earning any US source income would be considered freelance “self-employment” (since there is no U.S. employer) and it would be considered a visa status violation. That income, revealed later on the couple’s US income tax return, could render the non-work-authorized spouse ineligible to adjust status to lawful permanent residence under INA 245©.

knowing someone who did it and did not get into trouble doesnt make it legal.

uscis officers have been known to have incorrect opinions overturned by the judicial system.

i have not done the research into how risky it is and obviously its your call whether or not to take that risk. however if you wanted to know the rules, they are here.

Edited February 5, 2016 by aayitrun

[Boiler 43,720]

The tax man does not care about immigration status, the two entities are not linked. Just wants their money.

Obviously you can find many examples of people being refused entry as Tourists when they were going to be working in the US for a foreign employer, for example it was quite popular to send India IT guys here for 6 months.

Now once you are in the chances of anything being picked up are tiny.

The regs were written before remote working as we understand it was developed. Hence the confusion and differing views.

None of this of course is relevant to a K1.

[Loki_Go 126]

Not only do I see no reference to the K1 visas in that article, it also supports the grey area right in the article.

You said yourself, you've done no research and spoke to no lawyers. You googled an article from 2012 and c/p one small portion of it.

I could find just as many outdated articles that support working from home too.

[aayitrun 66]

ok friend. you do as you wish as i said before.

it has no reference to k1 because k1 isnt one of the exceptions to the us source income rule.

this grey area you want to believe in doesnt exist. but whatever floats your boat. as you said, one can google whatever they want and then start believing it.