Foreign Employment

[AtlantiCat 0]

My fiance (ye auld beneficiary) works in IT and theoretically he might be able to have a job "on remote" once he arrives here in the US. He'd be working part-time for the company he currently works for, basically telecommuting. Since he'd be technically working for a British company and paying British taxes, is he allowed to do this even though he wouldn't have his EAD yet?

I suspect this is a grey area, but I was hoping it would be a viable option as it would help tremendously with wedding expenses. Anybody have a similar experience?

[payxibka 10,045]

I'd check to see if this British company has nexus in the USA. If so, they would be considered a US employer for tax purposes.....

[Kathryn41 3,205]

I believe that he may be able to do so - he is not working for a US company and he is continuing the same job he had before he moved for the same employer. He is not taking a job away from a US citizen which is why the US government has 'work-based' visas and requires permission to work for certain visa classes. Work visas and EADs are basically in place to protect the US employment interests and this situation does not pose a threat to that system. There are others here who have continued to work for their prior employer -one who comes to mind is a Canadian who lives near the border and still crosses over into Canada every day. Telecommuting should, I believe, be treated the same way. I don't know where to refer you, though, to verify this.

[AtlantiCat 0]

I believe that he may be able to do so - he is not working for a US company and he is continuing the same job he had before he moved for the same employer. He is not taking a job away from a US citizen which is why the US government has 'work-based' visas and requires permission to work for certain visa classes. Work visas and EADs are basically in place to protect the US employment interests and this situation does not pose a threat to that system. There are others here who have continued to work for their prior employer -one who comes to mind is a Canadian who lives near the border and still crosses over into Canada every day. Telecommuting should, I believe, be treated the same way. I don't know where to refer you, though, to verify this.

Hey, if you've heard that others on VJ have done it, that's very helpful! I think we'll try it and sort it out at tax time next year. If it means we have to pay some sort of penalty tax payment, I can live with that. Getting through the formal wedding is the important part (I didn't want one, he insisted). Thanks!

[JaEnglishGirl 34]

I am still employed in England by my English employment (maternity leave).

I can't see how this is any different.