Can I continue working remotely while waiting for an EAD?

[LittleLune 9]

Once I receive my K-1 visa, I plan to move to the US as soon as possible, get married and file for AOS along with an EAD. However, if I have a job with a non-US company that has me working remotely and I can continue to do so after relocating, would it be legal to do so during the period that I'm waiting for an EAD, since it doesn't involve a US company and I could presumably still be paid in my account back home? The job in question wouldn't allow me to take a leave of absence while awaiting the EAD, given the long expected processing times and the uncertainty about exactly how long it would take.

[KULtoATL 1,551]

Someone else asked a similar question. You will find useful information and responses in this thread: https://www.visajourney.com/forums/topic/699302-working-remotely-while-waiting-for-ead-k1-visa/

Edited February 14, 2021 by KULtoATL

[LittleLune 9]

Thanks! I wasn't able to find that thread for some reason, I guess I entered the wrong search terms. From what I gather, it's in something of a legal gray area because it hasn't been explicitly decided on in law, and there are stories of people doing this and not getting in trouble. I also noticed that "unauthorized employment" is defined by USCIS on this page as "any service or labor performed for an employer within the United States..." which would mean my case would not be unauthorized since it's for an employer outside of the United States. I'm still not totally free of worry, but it's a start.

[Ayrton 965]

1 minute ago, LittleLune said:

Thanks! I wasn't able to find that thread for some reason, I guess I entered the wrong search terms. From what I gather, it's in something of a legal gray area because it hasn't been explicitly decided on in law, and there are stories of people doing this and not getting in trouble. I also noticed that "unauthorized employment" is defined by USCIS on this page as "any service or labor performed for an employer within the United States..." which would mean my case would not be unauthorized since it's for an employer outside of the United States. I'm still not totally free of worry, but it's a start.

My understanding from.the sentence is that "within the United States" means while the immigrant is physically present in the US, not that the employer is within the US.

 

"any service or labor performed ... within the United States..."

 

[Boiler 43,434]

https://www.nationofimmigrators.com/courts-on-immigration-law/immigration-lawyers-arguing-can-i-work-from-home-for-a-foreign-employer/

 

Have a read

[KULtoATL 1,551]

@LittleLune I don't have any personal experience with what you are asking about therefore I won't even try to say whether or not it is OK. It may be a gray area but definitely risky if you choose to work, even remotely from the US, while waiting for an EAD. Having come here on a K-1 visa and had to adjust my status as well as to wait for an EAD to work and AP to travel outside the US, I know it is a little annoying when we are adults, have bills to pay and also just want to go about living our lives.

 

I hope you're able to figure this out and take the right action without jeopardizing your US immigration legal status. All the best  

[LittleLune 9]

Argh, how confusing! I swear the immigration process is designed to be as painful as possible.

[JeanneAdil 6,197]

Even a person on a work permit in the USA has to file US tax returns on the income as you would have to do this

so, tecnically ,  this is income earned in US and must be reported on tax returns which you and spouse will show for AOS

Best not to start your residence here by trying to skirt the rules /work is work  and getting paid is earned money

[JeanneAdil 6,197]

3 minutes ago, LittleLune said:

Argh, how confusing! I swear the immigration process is designed to be as painful as possible.

This is the reason many say "marry and do the CR1 "   especially now that the K1 is taking as long as a spouse visa
 

[LittleLune 9]

Just now, JeanneAdil said:

This is the reason many say "marry and do the CR1 "   especially now that the K1 is taking as long as a spouse visa
 

Well, I'm already at the "waiting for an interview" stage, so it seems a little late to start over on another track now.

[JeanneAdil 6,197]

3 minutes ago, LittleLune said:

Well, I'm already at the "waiting for an interview" stage, so it seems a little late to start over on another track now.

yep,  and best to you

and good luck

but if you think immigration is a hassle,   get ready for all our taxes and insurances we have to carry/

 it goes from painful to crazy

[HRQX 4,145]

41 minutes ago, LittleLune said:

Well, I'm already at the "waiting for an interview" stage, so it seems a little late to start over on another track now.

Is Amsterdam embassy your interview location? If DOS doesn't end the unlawful "No Visa Policy" then your wait may be indefinite. Thus the only possible recourse would be suing DOS, like the Milligan v. Pompeo plaintiffs did:

 

[MarryMe987654 241]

I work for a Canadian company while in the Philippines. When my K1 visa was approved, I left my job.

I could have continued working for them since my pay is sent to the Philippines anyway but I didn't. It's too risky. It's a kind of "lie" that can haunt you later as it is hard to keep up with covering up a "lie".

 

If I continued working while waiting for EAD, I will also have to not report my earnings for tax purposes.

In addition, I don't think my Canadian company will let me continue working without a permit. If I have to lie to them too about my location, that's another integrity issue that I have to face.

 

I am now back with the same company and working from home.

 

Hope this helps!

[Huckleberry&Koala 184]

4 hours ago, LittleLune said:

Once I receive my K-1 visa, I plan to move to the US as soon as possible, get married and file for AOS along with an EAD. However, if I have a job with a non-US company that has me working remotely and I can continue to do so after relocating, would it be legal to do so during the period that I'm waiting for an EAD, since it doesn't involve a US company and I could presumably still be paid in my account back home? The job in question wouldn't allow me to take a leave of absence while awaiting the EAD, given the long expected processing times and the uncertainty about exactly how long it would take.

My opinion and interpretation from IRS on this and in addition to what @MarryMe987654 indicated would be regarding 'foreign earned income' and whether it is excluded or not. In IRS page, it says that your tax home must be in a foreign country. Since your tax home will be US and you will be treated as resident alien, you won't qualify for this exclusion, meaning you need to report it as income. This indirectly means that you can't remotely work even if you are paid in your foreign country bank account and even if it is non-US company in my opinion.

 

IRS page that I am talking about: https://www.irs.gov/individuals/international-taxpayers/foreign-earned-income-exclusion

[Adventine 3,187]

Apart from checking the US laws on remote working, you also need to check your own employer's policies on teleworking outside the country of residence stated on your original contract of employment. 

 

I work for a large company with headquarters in Europe. Even though we have all been teleworking since March 2020, the company teleworking policy expressly forbids us from teleworking outside our country of residence. Your Netherlands employer may enforce something similar.