N400 - Employment History

[Ezhel14 2]

Hello everyone,
 

I'm in the process of filling out my N-400 application. Regarding employment history, I quit my job about 6 months ago and have since become a shareholder in a start-up established overseas.
 

While I technically work for a foreign company, I continue to live in the United States as I work remotely. I've read that the USCIS tends to be wary of applicants working for foreign companies, as it could potentially jeopardize their permanent resident status. I don't want this situation to negatively impact my application. Could I encounter any potential issues due to this?  
 

I appreciate your answers in advance!

[Mike E 11,741]

3 minutes ago, Ezhel14 said:

Could I encounter any potential issues due to this? 

Yes

[randomstairs 304]

51 minutes ago, Ezhel14 said:

Hello everyone,
 

I'm in the process of filling out my N-400 application. Regarding employment history, I quit my job about 6 months ago and have since become a shareholder in a start-up established overseas.
 

While I technically work for a foreign company, I continue to live in the United States as I work remotely. I've read that the USCIS tends to be wary of applicants working for foreign companies, as it could potentially jeopardize their permanent resident status. I don't want this situation to negatively impact my application. Could I encounter any potential issues due to this?  
 

I appreciate your answers in advance!

Are you paying taxes on the foreign income in the US, as a resident? 

[randomstairs 304]

49 minutes ago, Mike E said:

Yes

Even if they are physically in the US, filing resident taxes? If so, how come? Thanks

[Mike E 11,741]

11 minutes ago, randomstairs said:

Even if they are physically in the US, filing resident taxes? If so, how come? Thanks

Employer has a foreign address. Of course it can be a problem. 

[Ezhel14 2]

30 minutes ago, randomstairs said:

Are you paying taxes on the foreign income in the US, as a resident? 

Yes, of course, I will be paying taxes.  The company was established in June, so next April will be the first time I report and pay taxes on foreign income.

I've lived in the US for the past 15 years. Since obtaining my green card, I've spent 4 years and 1 month out of the last 5 in the US. Most years, I leave the US for at most a month. I feel that It's clear that I reside here.

 

Edited August 8, 2023 by Ezhel14
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[Ezhel14 2]

11 minutes ago, Mike E said:

Employer has a foreign address. Of course it can be a problem. 

I serve as a director and am a shareholder in the company, working entirely remotely.  To the best of my knowledge, there are no restrictions on green card holders owning foreign companies, provided taxes are paid.
 

If I continue to reside in the US, why would the address of the employment be an issue? My travel history clearly indicates that I live in the US
 

[Mike E 11,741]

50 minutes ago, Ezhel14 said:

remotely.  To the best of my knowledge, there are no restrictions on green card holders owning foreign companies, provided taxes are paid.

I never said otherwise. 
 

52 minutes ago, Ezhel14 said:

If I continue to reside in the US, why would the address of the employment be an issue? My travel history clearly indicates that I live in the US

You will have to convince USCIS you work in the U.S.  

[WaterLeaf 201]

Just curious - Would any of this may match the description of what your job would do?

 

Quote

Exception to Disruption: Working for a U.S. Employer Abroad

One of the exceptions to the disruption of residency rule for naturalization is when a resident works for a U.S. employer abroad. If you already have more than one year of U.S. physical presence after receiving your residency status, and you want to work abroad for a U.S. company, you might be allowed to file a USCIS Form N-470.

Approval of this form serves to prevent disruption of your residency for purposes of qualifying to naturalize. You must show that the U.S. company is engaged in the development of foreign trade and commerce. (See I.N.A. § 316(b)–(c).)

In order to qualify for the exception as an employee of a private U.S. employer, you will need to show either that:

• your employer is a subsidiary of a U.S. company, where more than 50% of stock is owned by the U.S. company, or
• your employer is a publicly held corporation that is incorporated in the U.S. and trades stock exclusively on U.S. exchanges, or
• your employer does not trade exclusively on the U.S. stock market, but more than 50% of its ownership is by U.S. persons or companies.
  
  Link to source: https://www.alllaw.com/articles/nolo/us-immigration/working-outside-us-with-green-card.html

I've not found the info from USCIS website yet, and it is taking me a bit longer than what I thought to find such thing. Hard for me so far!

I'm finding this to be a rare discussion. I'm not sure if a part-time job would make up a difference with this, even if able to do at your own time.

 

[Ezhel14 2]

3 hours ago, WaterLeaf said:

Just curious - Would any of this may match the description of what your job would do?

 

I've not found the info from USCIS website yet, and it is taking me a bit longer than what I thought to find such thing. Hard for me so far!

I'm finding this to be a rare discussion. I'm not sure if a part-time job would make up a difference with this, even if able to do at your own time.

 

 

Not quite. In my case, the company isn't based in the US, and I don't work or live abroad since I still reside in the United States. I believe those conditions apply to individuals who break their continuous residence status by working abroad for a US-based company.

Edited August 9, 2023 by Ezhel14
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[randomstairs 304]

The only potential issue that I see is that to some extent your foreign employment creates a tie to a foreign country and you'll have to demonstrate that, on the balance, your ties to the US are stronger. I don't see how this would affect you if you can prove

e that you've been physically in the US and filing resident taxes.  

 

On 8/7/2023 at 6:03 PM, Mike E said:

You will have to convince USCIS you work in the U.S.  

If they physically live in the US how would that create a problem? They are working (remotely) in the US, no?

[Mike E 11,741]

26 minutes ago, randomstairs said:

they physically live in the US how would that create a problem? They are working (remotely) in the US, no?

We will see how what USCIS decides when it sees tax return(s) with a foreign tax credit for all of OP’s earned income.

[randomstairs 304]

6 minutes ago, Mike E said:

We will see how what USCIS decides when it sees tax return(s) with a foreign tax credit for all of OP’s earned income.

Sure. Let's hope the OP reports back. 

[WaterLeaf 201]

1 hour ago, Ezhel14 said:

Not quite. In my case, the company isn't based in the US, and I don't work or live abroad since I still reside in the United States. I believe those conditions apply to individuals who break their continuous residence status by working abroad for a US-based company.

Yes, I was wondering if your company give you more than 50% shareholder in stock or something that help make it even - but it was just a thought to see if it bring any stronger ties to the US.

I hope there are more answer to this. I just don't know too much for sure but I'm sure it's ok if the job's HQ/main address is in the US for WFH. I'd follow along because my Husband may be interested to WFH with jobs not from the US for future reference until he Naturalize.

I do see you do have some good ties to the US, filing taxes and having your money in the US bank, managing your expenses and living arrangement here. Those are the good checklist.
--
I decided to ask ChatGPT, but got no idea where the source is from. It says the internal knowledge is up til then "Sept 2021" and couldn't share link. So it tells a little bit, just not enough. I sent a suggestion through the USCIS's Feedback if they can help provide the missing info but I doubt that'll come in anytime soon.
 

Quote

As of my last knowledge update in September 2021, green card holders (permanent residents) of the USA are generally allowed to work from home for companies that are not based in the USA. However, there are a few important considerations to keep in mind:

1. **Employment Authorization**: Green card holders are allowed to work and live in the USA without needing a separate employment authorization, as long as they maintain their permanent resident status. However, working for a foreign company might still require adherence to the laws of the country where the company is based.

2. **Tax Implications**: Regardless of where the employer is located, as a green card holder, you are generally required to report your worldwide income to the U.S. Internal Revenue Service (IRS) and file U.S. tax returns. This means you would likely need to report your income from the foreign company and potentially pay taxes on it.

3. **Employment Laws**: Even if you're working remotely for a foreign company, you may still be subject to the employment laws and regulations of the country where the company is based. This could impact your rights, benefits, and working conditions.

4. **Travel Considerations**: Depending on the amount of time you spend outside the USA, there could be implications for maintaining your green card status. If you're outside the country for an extended period, it's important to ensure you meet the criteria for maintaining your permanent residency.

5. **Immigration Laws**: U.S. immigration laws and policies can change over time. It's always a good idea to consult with an immigration attorney or contact the U.S. Citizenship and Immigration Services (USCIS) for the most up-to-date information.

Since the situation can vary and evolve, it's recommended to consult with a legal expert or an immigration attorney to get personalized advice based on your specific circumstances and the current legal landscape.

 

[Ezhel14 2]

44 minutes ago, Mike E said:

We will see how what USCIS decides when it sees tax return(s) with a foreign tax credit for all of OP’s earned income.

I won't be claiming any foreign tax credits because the company was established in a tax-free country. Thus, I'll pay taxes on the income I earn just as I did before.

Also, I don't think the foreign tax credits even apply to me since I don't live abroad. 

 

Edited August 9, 2023 by Ezhel14
edit