Jump to content

5 posts in this topic

Recommended Posts

Posted

TL;DR: Will I be able to immediately perform work as a self-employed person after I enter the US on a IR-1 visa, working for a non-US contractor?

I'm likely receiving my IR-1 visa by the end of the month and my wife and I are looking to move to the US soon afterwards. I think I understand that if you want to work for a US-based employer, you need to have a green card, the application of which can take anywhere from 3 to 6 months if I understood it correctly. In my case, I will not have a US-based employer, I will be self-employed, doing contracting work for a non-US company.

Posted
9 minutes ago, Tara&Misha said:

TL;DR: Will I be able to immediately perform work as a self-employed person after I enter the US on a IR-1 visa, working for a non-US contractor?

I'm likely receiving my IR-1 visa by the end of the month and my wife and I are looking to move to the US soon afterwards. I think I understand that if you want to work for a US-based employer, you need to have a green card, the application of which can take anywhere from 3 to 6 months if I understood it correctly. In my case, I will not have a US-based employer, I will be self-employed, doing contracting work for a non-US company.

If you enter the US with a spousal visa, you will receive an I-551 passport stamp which serves as your green card until the plastic card is mailed.  All of the rights and responsibilities as a green card holder are included immediately.

Filed: Citizen (apr) Country: Morocco
Timeline
Posted (edited)

As an independent subcontractor what u need to know for IRS is on the following site

 

https://www.irs.gov/individuals/international-taxpayers/persons-employed-by-a-foreign-employer

 

Individuals employed within the United States by a foreign employer are generally subject to Social Security and Medicare tax withholding by the foreign employer. Revenue Ruling 92-106, 1992-2 C.B. 258 provides detailed information on this subject. Certain exceptions to mandatory Social Security and Medicare tax coverage are listed in IRS Publication 15, Circular E, Employer's Tax Guide. However, individuals employed in the United States by a foreign employer may be exempt from U.S. Social Security and Medicare taxes under the terms of a Totalization Agreement.

 

The Totalization Agreement is when u pay taxes to the other country

but u want to be considered as a US resident and pay taxes here to aid u in the remaining process (like ROC and Naturalization if and when they come up)

Edited by JeanneAdil
Posted (edited)
50 minutes ago, Tara&Misha said:

you need to have a green card, the application of which can take anywhere from 3 to 6 months if I understood it correctly.

 

As an IR1 visa holder, you will be a permanent resident (aka. green card holder) the moment you enter the US.  So yes, you are legally allowed to work from Day 1, whether it's for a US-based or a foreign employer.  No need for you to wait 3 to 6 months.  Your IR1 visa + CBP entry stamp will serve as your "green card" for 1 year after US entry.  As in, it will be just as valid as the plastic card for any legal purpose.  The plastic card is of course more convenient to carry, but a lot depends on your luck as to when you'll get that in the mail.

 

Edited by Chancy
clarification
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...