Working Remotely in the US for an Overseas Company is it okay without the EAD?

[Rafael88 0]

Is it okay to work remotely here in the US for an overseas (non -US) company if i don't have a physical ead card even if my work permit is already approved?

 

My pay gets sent to my country.  I got here in the US on  k1 visa currently waiting for the AOS to be processed. I have been approved for work permit since december filling i1765 concurrently with i465. But haven't gotten the ead card. I followed up in march but they don't know the exact status of the ead they can only see it was approved then after 3 mos i got their email last week they said i missed the biometrics appointment in march but i wasn't notified about it at all. I just want to make sure i can work remotely for an overseas company right now since i need the job asap. Thanks for your help.

 

Edited May 4, 2021 by AlpRaf8

[K1visaHopeful 2,840]

Unfortunately not.

To be able to legally work you should have your EAD and SSN in your possession.

If you have not done Biometrics, your EAD cannot be approved.

[Rafael88 0]

I initially thought it was ok since my employer is not from here or a non us company. I just found out yesterday that it could be questionable. Some lawyers online said its ok while some others say its not. i'm working from home. 

[PaulaCJohnny 713]

7 minutes ago, AlpRaf8 said:

I initially thought it was ok since my employer is not from here or a non us company. I just found out yesterday that it could be questionable. Some lawyers online said its ok while some others say its not. i'm working from home. 

Doesn't matter if is from home. Not working is not working. Without an EAD you can't work, not even from home, other country or any other type of work. You are breaking the rules doing and this can bite you later. 

[Just Paul 4,595]

You can not work  without authorization or a work visa.  Maybe a K1 isn't the best choice?  

[carmel34 3,638]

9 hours ago, Rafael88 said:

i don't have a physical ead card even if my work permit is already approved?

When did you receive a notice of EAD approval, and are just waiting for the card to arrive?  I recall that there was an exception due to COVID delays, depending on when EAD approval notice was received.  If your I-797 date falls outside of these, you will have to wait for the physical card.

 

Due to the unprecedented and extraordinary circumstances caused by COVID-19, USCIS will allow foreign nationals to temporarily use their Form I-797 Notice of Action, with a notice date on or after December 1, 2019 through August 20, 2020, informing the applicant of the approval of their I-765 Application for Employment Authorization, as evidence of Form I-9, Employment Eligibility Verification.

[AJ2019 58]

https://www.hykellaw.com/remote-work-and-us-immigration-law/

 

WORKING REMOTELY FROM THE US

This subject is far more controversial, and lawyers don’t all agree. And there are a lot of factors which can impact whether you can work for an employer in your home country while living in the US.

There are some immigration lawyers who point out the immigration code interacts with the tax code here: under the US tax code, income from services performed for a foreign employer by someone present in the United States is considered to be “US source income.”

Unequivocally, you can do so on a F-1, J-1, or Q visa. These are the visas for academic students, exchange students, and cultural exchange students. These visas specifically state that you may work from home without designating that income as US source income.

Other attorneys may tell you the tax law and the immigration law are in conflict here. But the answer is still “maybe.”

You can minimize risk by performing work “in the cloud” on servers stored on foreign soil, by making sure your agreement allows you to work from anywhere in the world and that it was enacted before you entered the country, and by making sure you’re paid in foreign currency, via direct deposit to a foreign bank account. You can still access the money in the US via your bank card.

At that point, you just happen to be physically present in the US while doing the work, but as far as the American workforce is concerned, the impact is exactly the same as the impact would have been had you remained in your home country to do it.

But every case is different. This is one of those instances where contacting an immigration lawyer early can be helpful. By taking a look at your unique situation it’s possible to determine which side of the controversy your work falls on, and what you can do to remain compliant with the law.

[bakphx1 789]

If you are working for your overseas employer and money is paid to your home bank account you are okay if you aren’t doing anything you couldn’t do from home (on site visits, meeting with clients).  People on this forum sometimes confuse work of any kind with US-based employment.  

[Huckleberry&Koala 184]

51 minutes ago, bakphx1 said:

If you are working for your overseas employer and money is paid to your home bank account you are okay if you aren’t doing anything you couldn’t do from home (on site visits, meeting with clients).  People on this forum sometimes confuse work of any kind with US-based employment.  

I doubt it. OP is considered resident alien for tax purposes. Resident Alien must report all income including overseas, it shouldn't matter if it is paid to his home country bank. That contradicts with work authorization. How can OP report this pay without having work authorization for that period?

 

However, if OP already has approval letter in hand, and presuming what @carmel34 has an official source, then OP already should be ok working either overseas or in US.

Edited May 4, 2021 by Huckleberry&Koala

[MarryMe987654 244]

21 hours ago, Rafael88 said:

Is it okay to work remotely here in the US for an overseas (non -US) company if i don't have a physical ead card even if my work permit is already approved?

 

My pay gets sent to my country.  I got here in the US on  k1 visa currently waiting for the AOS to be processed. I have been approved for work permit since december filling i1765 concurrently with i465. But haven't gotten the ead card. I followed up in march but they don't know the exact status of the ead they can only see it was approved then after 3 mos i got their email last week they said i missed the biometrics appointment in march but i wasn't notified about it at all. I just want to make sure i can work remotely for an overseas company right now since i need the job asap. Thanks for your help.

 

I was on the same boat. I was working for a Canadian company from home while in the Philippines and had to resign when I immigrated. I have considered doing what you were thinking--U.S. wouldn't know as my pay would be sent to the Philippines. But I didn't. It's just too risky to do it without the actual physical card on hand and given my status, I wouldn't want to risk it.

 

Also, I don't think my employer would want to deal with me if my integrity questionable (not being truthful about my location) or would I want to work with an employer that would tolerate lying to the government.

 

Anyways, I waited for my EAD to arrive before I reapplied to the same company. Benefits surpass the temporary inconvenience-- I got a new salary package in line with my new location and I have no reason to cover my tracks because of a little gap on employment and EAD.

 

Hope this helps!

 

[MarryMe987654 244]

12 hours ago, carmel34 said:

When did you receive a notice of EAD approval, and are just waiting for the card to arrive?  I recall that there was an exception due to COVID delays, depending on when EAD approval notice was received.  If your I-797 date falls outside of these, you will have to wait for the physical card.

 

Due to the unprecedented and extraordinary circumstances caused by COVID-19, USCIS will allow foreign nationals to temporarily use their Form I-797 Notice of Action, with a notice date on or after December 1, 2019 through August 20, 2020, informing the applicant of the approval of their I-765 Application for Employment Authorization, as evidence of Form I-9, Employment Eligibility Verification.

This is probably you are referring to.

Source: https://www.uscis.gov/i-9-central/form-i-9-related-news/temporary-policies-related-to-covid-19

 

[Adventine 3,201]

15 hours ago, MarryMe987654 said:

I was on the same boat. I was working for a Canadian company from home while in the Philippines and had to resign when I immigrated. I have considered doing what you were thinking--U.S. wouldn't know as my pay would be sent to the Philippines. But I didn't. It's just too risky to do it without the actual physical card on hand and given my status, I wouldn't want to risk it.

 

Also, I don't think my employer would want to deal with me if my integrity questionable (not being truthful about my location) or would I want to work with an employer that would tolerate lying to the government.

 

Anyways, I waited for my EAD to arrive before I reapplied to the same company. Benefits surpass the temporary inconvenience-- I got a new salary package in line with my new location and I have no reason to cover my tracks because of a little gap on employment and EAD.

 

Hope this helps!

 

 

I had to deal with a similar situation. I received approval from my PH employer to go on vacation leave in the US. However, I got stranded because of the PH travel ban and flight cancellations. I decided to stay and adjust status through my USC spouse.

 

I was honest with my PH employer about my situation and I resigned because I knew I could not continue working for them while I was physically located in the US. Upper management agreed that teleworking my full notice period was not an option. They considered the liability too great in terms of taxes, insurance, labor laws, and work permit issues. I teleworked for a very short time only (a couple of weeks) just to hand over my workload.

 

For full transparency, I declared this very short teleworking period in my AOS papers and fully expect questions about it during my AOS interview. I can however answer the USCIS officers with a clear conscience because I clearly and quickly ended my PH employment.

[Ontarkie 14,266]

~~Moved to Working aNd Traveling, from AOS Family K1/K3~~