Working remotely on K1 visa?

[Mizzamarie 0]

Hello, im wondering if anyone has been in a similar situation or has any knowledge of this. Can the beneficiary continue to work remotely for their employer once they enter the US on a K1 visa? The beneficiary is Canadian and the employer is a Canadian based company - no affiliation with the US. 

[payxibka 10,044]

21 minutes ago, Mizzamarie said:

Hello, im wondering if anyone has been in a similar situation or has any knowledge of this. Can the beneficiary continue to work remotely for their employer once they enter the US on a K1 visa? The beneficiary is Canadian and the employer is a Canadian based company - no affiliation with the US. 

I'd say about a half dozen people a month ask the exact same question 

[ds2 101]

I have the same question 😮

[SalishSea 16,770]

1 hour ago, payxibka said:

I'd say about a half dozen people a month ask the exact same question 

Conservative estimate 😂

[SalishSea 16,770]

1 hour ago, Mizzamarie said:

Hello, im wondering if anyone has been in a similar situation or has any knowledge of this. Can the beneficiary continue to work remotely for their employer once they enter the US on a K1 visa? The beneficiary is Canadian and the employer is a Canadian based company - no affiliation with the US. 

It is a grey area, but consensus around here is that in order to work on US soil, you need an EAD or green card.  Doesn't matter where the bank account the wages go into is located, it is about working within the US.

 

Most would agree it is not worth the risk to future immigration benefits.

[Ontarkie 13,915]

~~Moved to Working and Traveling, from K1 P&P - The OP is asking about work after entry on a K1~~

[JFH 12,189]

Why not get married and apply for a spousal visa? Eliminates any doubt. No grey area. If finances are such that an income is required, this is not the correct visa for you. 

[geowrian 22,335]

Gray area between immigration and tax law. Nobody can say with certainty if it is permitted or crosses the line, and the details may matter. As noted, better to get married and do a spousal visa and not have to think about it.

[Mizzamarie 0]

Thanks everyone for your responses. K1 process has already started, but finances are not a concern. The question was more out of curiosity. Thanks again!

[SusieQQQ 11,584]

Someone posted this on another forum the other day which seems to remove the “grey area”

 

Code of Federal Regulations Title 26 Section 31.3121(b)-3 - Employment; services performed:

(b) Services performed within the United States. Services performed after 1954 within the United States by an employee for his employer, unless specifically excepted by section 3121(b), constitute employment. With respect to services performed within the United States, the place where the contract of service is entered into is immaterial. The citizenship or residence of the employee or of the employer also is immaterial except to the extent provided in any specific exception from employment. Thus, the employee and the employer may be citizens and residents of a foreign country and the contract of service may be entered into in a foreign country, and yet, if the employee under such contract performs services within the United States, there may be to that extent employment.

[geowrian 22,335]

18 minutes ago, SusieQQQ said:

Someone posted this on another forum the other day which seems to remove the “grey area”

 

Code of Federal Regulations Title 26 Section 31.3121(b)-3 - Employment; services performed:

(b) Services performed within the United States. Services performed after 1954 within the United States by an employee for his employer, unless specifically excepted by section 3121(b), constitute employment. With respect to services performed within the United States, the place where the contract of service is entered into is immaterial. The citizenship or residence of the employee or of the employer also is immaterial except to the extent provided in any specific exception from employment. Thus, the employee and the employer may be citizens and residents of a foreign country and the contract of service may be entered into in a foreign country, and yet, if the employee under such contract performs services within the United States, there may be to that extent employment.

Still gray IMO - define "within the US" when it comes to remote work. At the time it was written, it was directed at foreign-initiated contracts that involved services provided within the US.

Also "there may be" is not clear - it implies situations in which it couple apply and situations in which it would not apply.

[Boiler 43,430]

I have also thought this was mainly a Tax and VJ ToS issue rather than a practical problem.

[Lil bear 3,831]

6 minutes ago, geowrian said:

Still gray IMO - define "within the US" when it comes to remote work. At the time it was written, it was directed at foreign-initiated contracts that involved services provided within the US.

Also "there may be" is not clear - it implies situations in which it couple apply and situations in which it would not apply.

At the time the regulation was written , there was no such thing as “ working remotely” like there is now. 

[Boiler 43,430]

People have always worked remotely.

[SusieQQQ 11,584]

46 minutes ago, Boiler said:

I have also thought this was mainly a Tax and VJ ToS issue rather than a practical problem.

The practicality of the problem ime largely revolves around whether you are an IR and get forgiven immigration violations, or adjusting based on LPR, DV or employment based visa categories and don’t.

Edited July 27, 2019 by SusieQQQ