Working for a foreign company while waiting for my EAD?

[Mariboh 2]

Dear all,

I am new here! I am Italian and about to receive my L2 visa (spouse of an L1 holder) and move to the US (very excited about it!).

I know that through my L2 visa I will be eligible to receive the EAD, but I also know that it will take a long time and I don't know what career options I will find once I get it.

So, my question is: while living in the US with the L2 visa and waiting for my EAD, am I still allowed to do freelance work for a European company with my Italian VAT number, get paid on my Italian bank account and pay my taxes in Italy?

Also, what happens with this oversea work once I get my EAD (and possibly a US job)? Am I allowed to do both?

I will be incredibly grateful to anyone who can help me with this topic.

Thank you!

 

[Mike E 11,741]

If you need an EAD to work in the USA then you need an EAD to work remotely in the USA.  You will  owe taxes to the USA for your remote work.  
 

yes you have multiple jobs.  

Edited November 23, 2021 by Mike E

[Mariboh 2]

5 minutes ago, Mike E said:

If you need an EAD to work in the USA then you need an EAD to work remotely in the USA.  You will  owe taxes to the USA for your remote work.  
 

yes you have multiple jobs.  

Thank you so much for your response, Mike!

I was under the impression that the EAD was needed to work for a US employer in the US, but you are saying it's a general permission to work, even for foreign companies.

I was unaware of that. Thanks again!

 

[Boiler 45,670]

1 minute ago, Mariboh said:

Thank you so much for your response, Mike!

I was under the impression that the EAD was needed to work for a US employer in the US, but you are saying it's a general permission to work, even for foreign companies.

I was unaware of that. Thanks again!

 

L is an inter company transfer so the L1 must have been working for an Italian company to qualify, there is a reasons the L1 applied for a visa to work in the US.

[Mike E 11,741]

23 minutes ago, Boiler said:

L is an inter company transfer so the L1 must have been working for an Italian company to qualify, there is a reasons the L1 applied for a visa to work in the US.

What does have to do with an L2?

[Boiler 45,670]

6 minutes ago, Mike E said:

What does have to do with an L2?

L2 is the dependent version of a L1, OP seemed confused if anything was required for somebody employed by a foreign company to work in the US.

[Mike E 11,741]

3 minutes ago, Boiler said:

L2 is the dependent version of a L1, OP seemed confused if anything was required for somebody employed by a foreign company to work in the US.

It seemed to me from the original post  that OP is the one with the pending L-2 and  OP wants to work for a foreign company from inside the USA. There is no indication this foreign company is the same as that of the L-1 visa holder, not that it makes a difference. 

[Mariboh 2]

Just now, Mike E said:

It seemed to me from the original post  that OP is the one with the pending L-2 and  OP wants to work for a foreign company from inside the USA. There is no indication this foreign company is the same as that of the L-1 visa holder, not that it makes a difference. 

You are right, my husband's company and my client (I am a freelancer worker) are 2 different companies. 

So I am self employed actually, I do not work for the foreign company, it is a client of mine. I don't know if this makes a difference.

Thanks to both of you for your responses!

[aaron2020 11,651]

20 minutes ago, Mariboh said:

You are right, my husband's company and my client (I am a freelancer worker) are 2 different companies. 

So I am self employed actually, I do not work for the foreign company, it is a client of mine. I don't know if this makes a difference.

Thanks to both of you for your responses!

As an L2, you are only authorized to work in the US with an EAD.

 

You can not be self-employed or work for a foreign company without an EAD.  

 

You need an EAD to work in the US.  There is no exceptions.  

[SteveInBostonI130 3,468]

18 minutes ago, Mariboh said:

You are right, my husband's company and my client (I am a freelancer worker) are 2 different companies. 

So I am self employed actually, I do not work for the foreign company, it is a client of mine. I don't know if this makes a difference.

Thanks to both of you for your responses!

 

Whether working remotely or not, for a foreign company or not, EAD is required to work when residing in the US.  Or a work visa.

 

You will also need to file US taxes if you make over the tax filing threshold and meet the substantial presence test.  You may not owe anything due to foreign earned income credit, but you will still need to file.

 

https://www.irs.gov/taxtopics/tc851

 

[Boiler 45,670]

L dependent spouses are automatically work-authorized due to their status—without the need for an EAD—but only if they hold a Form I-94 arrival record specifically annotated to indicate their spousal status (which doesn't yet exist but is in the works).

 

Timing may matter

[igoyougoduke 1,662]

2 hours ago, Mariboh said:

Dear all,

I am new here! I am Italian and about to receive my L2 visa (spouse of an L1 holder) and move to the US (very excited about it!).

I know that through my L2 visa I will be eligible to receive the EAD, but I also know that it will take a long time and I don't know what career options I will find once I get it.

So, my question is: while living in the US with the L2 visa and waiting for my EAD, am I still allowed to do freelance work for a European company with my Italian VAT number, get paid on my Italian bank account and pay my taxes in Italy?

Also, what happens with this oversea work once I get my EAD (and possibly a US job)? Am I allowed to do both?

I will be incredibly grateful to anyone who can help me with this topic.

Thank you!

 

if you want to work on US soil whether employing company is in US or abroad you need work authorization. otherwise every one who comes on visitor visa will start working for foreign companies without paying taxes

[Mariboh 2]

42 minutes ago, Boiler said:

L dependent spouses are automatically work-authorized due to their status—without the need for an EAD—but only if they hold a Form I-94 arrival record specifically annotated to indicate their spousal status (which doesn't yet exist but is in the works).

 

Timing may matter

This is very interesting!

[SalishSea 17,928]

8 hours ago, Mariboh said:

Thank you so much for your response, Mike!

I was under the impression that the EAD was needed to work for a US employer in the US, but you are saying it's a general permission to work, even for foreign companies.

I was unaware of that. Thanks again!

 

Work is work.  If you are located within the USA and working, it does not matter where the employer is located.

 

You need an EAD to work legally while being present in the US.

[Coco8 1,042]

I recommend that you ask the lawyers working on the L1 for your husband. My understanding is that L2 visa is already an employment authorization document (EAD). It does not require an EAD "card" like you receive on other status. It'd be odd for an L2 to require an EAD card since the L1 does not require an EAD card. So you might be confused because of the use of EAD.

 

Still, I recommend that you ask the lawyers. That's why the company is paying them.