What constitutes work?

[kizza 1]

I would like to hear what people have to say about what constitutes work.

Here is my situation: I am self-employed, work from home on the computer. I get my work through the internet, from a handful of canadian clients. So basically, I can do my work from anywhere in the world.

Would it be illegal to keep working once I get to the US on a K1 visa, when I am in no way employed by US companies, and get paid in canadian $ in my canadian bank acount?

I completely understand why I wouldnt be allowed to find a job in the US until I get an EAD... but I dont understand why I could not keep working if I am not taking anybody's job. Because, isn't that the whole point? to protect US job holders (or seekers). Am I missing something?

I know it is a grey area as I have looked for answers about this in the past too (re visitors visa), and can only get people's opinion (even when I have called the government or asked lawyers), but would love to hear what people think or their experience.

Is work really being employed by a US employer, or earning money?

[sjr09 155]

I would like to hear what people have to say about what constitutes work.

Here is my situation: I am self-employed, work from home on the computer. I get my work through the internet, from a handful of canadian clients. So basically, I can do my work from anywhere in the world.

Would it be illegal to keep working once I get to the US on a K1 visa, when I am in no way employed by US companies, and get paid in canadian $ in my canadian bank acount?

I completely understand why I wouldnt be allowed to find a job in the US until I get an EAD... but I dont understand why I could not keep working if I am not taking anybody's job. Because, isn't that the whole point? to protect US job holders (or seekers). Am I missing something?

I know it is a grey area as I have looked for answers about this in the past too (re visitors visa), and can only get people's opinion (even when I have called the government or asked lawyers), but would love to hear what people think or their experience.

Is work really being employed by a US employer, or earning money?

Not so grey, it's a JOB! Right? It's not about taking anybodys job, It's about USCIS

Edited October 13, 2009 by sjr09

[Jamaican JNR 2]

I would like to hear what people have to say about what constitutes work.

Here is my situation: I am self-employed, work from home on the computer. I get my work through the internet, from a handful of canadian clients. So basically, I can do my work from anywhere in the world.

Would it be illegal to keep working once I get to the US on a K1 visa, when I am in no way employed by US companies, and get paid in canadian $ in my canadian bank acount?

I completely understand why I wouldnt be allowed to find a job in the US until I get an EAD... but I dont understand why I could not keep working if I am not taking anybody's job. Because, isn't that the whole point? to protect US job holders (or seekers). Am I missing something?

I know it is a grey area as I have looked for answers about this in the past too (re visitors visa), and can only get people's opinion (even when I have called the government or asked lawyers), but would love to hear what people think or their experience.

Is work really being employed by a US employer, or earning money?

This case is realy a unique one, however if you are in the US and does anything to earn money, then it constitutes employment, wether by self or other.

[roughsweet 0]

But you're not earning AMERICAN money, so how could that possibly matter? Isn't the rule that you can't work in the U.S.? Isn't this whole thing about immigrating to the U.S.? So why would they need to stop working for Canada and earning Canadian money?

For example, tonight I was reading the social security site, researching what we'll have to do to get my fiance's SS#. And there it said, if he were to work, before the EAD, they'll report him. I assume that means they would track his working through his SS# and report him to the U.S. Government. Why would the U.S. government care that you're collecting Canadian money during your AOS?

Sorry...just another opinion. I'm afraid I have no iron clad fact yay or nay for you. Have you called the DOS? I would speak to the folks you'll be dealing with during AOS. That's when this will come into play, so they should be the ones to know.

Best of luck to you.

[kizza 1]

thanks for the replies so far. Very interested in getting people's opinions.

As roughsweet said, why would it matter if im still earning money from a different country? I feel like Im showing even more that I am not at risk of being a public charge. Plus I imagine I would pay taxes on that income. win-win situation, no?

So far, I've only skimmed through the Temporary Migration to the United States: Nonimmigrant Admissions Under U.S. Immigration Law U.S. and the wording seems to vary which still makes me wonder. They talk for instance about "accepting employment while in the US", which wouldnt be my case... (in case this interests anybody else http://www.uscis.gov/files/nativedocuments...rants_2006.pdf)

If somebody can explain WHY I cant earn money, where ever it comes from, please do. Id just like to understand.

[kizza 1]

But you're not earning AMERICAN money, so how could that possibly matter? Isn't the rule that you can't work in the U.S.? Isn't this whole thing about immigrating to the U.S.? So why would they need to stop working for Canada and earning Canadian money?

For example, tonight I was reading the social security site, researching what we'll have to do to get my fiance's SS#. And there it said, if he were to work, before the EAD, they'll report him. I assume that means they would track his working through his SS# and report him to the U.S. Government. Why would the U.S. government care that you're collecting Canadian money during your AOS?

Sorry...just another opinion. I'm afraid I have no iron clad fact yay or nay for you. Have you called the DOS? I would speak to the folks you'll be dealing with during AOS. That's when this will come into play, so they should be the ones to know.

Best of luck to you.

BTW, no havent called DOS yet, but I will. Although i dont always trust the answers I get!

Thank you! and congrats on the NOA2

[christeen 966]

thanks for the replies so far. Very interested in getting people's opinions.

As roughsweet said, why would it matter if im still earning money from a different country? I feel like Im showing even more that I am not at risk of being a public charge. Plus I imagine I would pay taxes on that income. win-win situation, no?

So far, I've only skimmed through the Temporary Migration to the United States: Nonimmigrant Admissions Under U.S. Immigration Law U.S. and the wording seems to vary which still makes me wonder. They talk for instance about "accepting employment while in the US", which wouldnt be my case... (in case this interests anybody else http://www.uscis.gov/files/nativedocuments...rants_2006.pdf)

If somebody can explain WHY I cant earn money, where ever it comes from, please do. Id just like to understand.

Now, I am not sure the rules for Working, but I know for a fact that you DO NOT need your permit to open a business in the states.... You can open a consultation business, register your company (make sure you get an ITTN socail security number) register the business name, and earn money as a business... Contact the SBA (small business association) and look into forming an LLC ... You will be responsible for the taxes and such, but can keep your Canadian Clients AND promote for new ones...

You can easily open an LLC and have the company pay the taxes...

[kizza 1]

thanks for the replies so far. Very interested in getting people's opinions.

As roughsweet said, why would it matter if im still earning money from a different country? I feel like Im showing even more that I am not at risk of being a public charge. Plus I imagine I would pay taxes on that income. win-win situation, no?

So far, I've only skimmed through the Temporary Migration to the United States: Nonimmigrant Admissions Under U.S. Immigration Law U.S. and the wording seems to vary which still makes me wonder. They talk for instance about "accepting employment while in the US", which wouldnt be my case... (in case this interests anybody else http://www.uscis.gov/files/nativedocuments...rants_2006.pdf)

If somebody can explain WHY I cant earn money, where ever it comes from, please do. Id just like to understand.

Now, I am not sure the rules for Working, but I know for a fact that you DO NOT need your permit to open a business in the states.... You can open a consultation business, register your company (make sure you get an ITTN socail security number) register the business name, and earn money as a business... Contact the SBA (small business association) and look into forming an LLC ... You will be responsible for the taxes and such, but can keep your Canadian Clients AND promote for new ones...

You can easily open an LLC and have the company pay the taxes...

Interesting! that's great!

... Darn it! I was just getting used to the idea of living off my fiance for a while

[TBoneTX 45,288]

Have you called the DOS? I would speak to the folks you'll be dealing with during AOS. That's when this will come into play, so they should be the ones to know.

The DOS (Department of State) handles the consular part of the process only. The AOS process is back under USCIS, which is part of DHS (Dept. of Homeland Security). OP, no need to waste time calling anyone in the government -- send a PM to Kathryn41 or pushbrk or diadromous_mermaid (all experienced VJ members). Avoid relying on people here who are "not sure" or can't offer a "yea or nay." Speculation is worthless.

[Gary and Alla 3,694]

thanks for the replies so far. Very interested in getting people's opinions.

As roughsweet said, why would it matter if im still earning money from a different country? I feel like Im showing even more that I am not at risk of being a public charge. Plus I imagine I would pay taxes on that income. win-win situation, no?

So far, I've only skimmed through the Temporary Migration to the United States: Nonimmigrant Admissions Under U.S. Immigration Law U.S. and the wording seems to vary which still makes me wonder. They talk for instance about "accepting employment while in the US", which wouldnt be my case... (in case this interests anybody else http://www.uscis.gov/files/nativedocuments...rants_2006.pdf)

If somebody can explain WHY I cant earn money, where ever it comes from, please do. Id just like to understand.

Now, I am not sure the rules for Working, but I know for a fact that you DO NOT need your permit to open a business in the states.... You can open a consultation business, register your company (make sure you get an ITTN socail security number) register the business name, and earn money as a business... Contact the SBA (small business association) and look into forming an LLC ... You will be responsible for the taxes and such, but can keep your Canadian Clients AND promote for new ones...

You can easily open an LLC and have the company pay the taxes...

Yes you can open a business. The business can be joint with your USC husband. Payments can be made to the business. You cannot work for this business until you have an EAD

There are agreements in place for cross border workers. For example we have a Bombardier plant here that makes bus bodies. They are Canadian owned and employ Americans working here, but executives come from Montreal, attend meetings, yada, yada, whatever Canadian Bombardier executives to at the factory in the US. I am sure they are paid. Canadian money.

I am also sure you could do this work and have your payment sent to a Canadian bank or deposited in a Canadian bank. It would be no different than a vacationing Canadian doing work by email.

As far as if it is "work" by law and can or cannot be done openly is a good question, and I know just who to ask.

[trailmix 77]

There are a few Canadians that I have seen post in the Canada forum who have worked for Canadian employers while waiting for a GC or EAD. You might want to do a search for it there or post a topic there.

[D&R 0]

thanks for the replies so far. Very interested in getting people's opinions.

As roughsweet said, why would it matter if im still earning money from a different country? I feel like Im showing even more that I am not at risk of being a public charge. Plus I imagine I would pay taxes on that income. win-win situation, no?

So far, I've only skimmed through the Temporary Migration to the United States: Nonimmigrant Admissions Under U.S. Immigration Law U.S. and the wording seems to vary which still makes me wonder. They talk for instance about "accepting employment while in the US", which wouldnt be my case... (in case this interests anybody else http://www.uscis.gov/files/nativedocuments...rants_2006.pdf)

If somebody can explain WHY I cant earn money, where ever it comes from, please do. Id just like to understand.

I understand why you'd like clarification on this, and at first glance, I totally agree... it certainly looks like a grey area, but... The US tax you on 'worldwide' earnings, so it WOULD matter.

[roughsweet 0]

OP, no need to waste time calling anyone in the government -- send a PM to Kathryn41 or pushbrk or diadromous_mermaid (all experienced VJ members). Avoid relying on people here who are "not sure" or can't offer a "yea or nay." Speculation is worthless.

He asked for opinions, TboneTX, and that's exactly what I gave about Canadian money vs. American income constituting work. And I made a simple mistake about DOS and USCIS. And I apologize, oh high and mighty VJ expert. I hardly think he's "relying" on me. He WANTED opinions. Opinions are, by nature, speculation.

You and your cronies who live to troll this site and feel high and mighty need to get over yourselves. Your "advice" is often full of the same opinions and speculation that you so often criticize others for.

But I guess no one is entitled to an opinion on here except you guys.

[kizza 1]

thanks for the replies so far. Very interested in getting people's opinions.

As roughsweet said, why would it matter if im still earning money from a different country? I feel like Im showing even more that I am not at risk of being a public charge. Plus I imagine I would pay taxes on that income. win-win situation, no?

So far, I've only skimmed through the Temporary Migration to the United States: Nonimmigrant Admissions Under U.S. Immigration Law U.S. and the wording seems to vary which still makes me wonder. They talk for instance about "accepting employment while in the US", which wouldnt be my case... (in case this interests anybody else http://www.uscis.gov/files/nativedocuments...rants_2006.pdf)

If somebody can explain WHY I cant earn money, where ever it comes from, please do. Id just like to understand.

I understand why you'd like clarification on this, and at first glance, I totally agree... it certainly looks like a grey area, but... The US tax you on 'worldwide' earnings, so it WOULD matter.

Thank you for all your answers! this is greatly appreciated!

Yes you can open a business. The business can be joint with your USC husband. Payments can be made to the business. You cannot work for this business until you have an EAD

So... this wouldnt help while Im waiting for the EAD. Unless I say Im volunteering, which they probably wouldnt buy?

As far as if it is "work" by law and can or cannot be done openly is a good question, and I know just who to ask. That would be terrific!

The US tax you on 'worldwide' earnings, so it WOULD matter.

Correct me if Im wrong, but if I worked the other 9 months of the year (assuming it takes 3 months to get my EAD), I would still have to pay taxes for the whole year, wouldnt I? so that income would be taxable. Which is fine by me... Id get taxed less than in Quebec anyway!

Also, if it is really earning money that is a problem, what would happen if I was receiving royalties from a book for instance?

Does it mean I have to freeze my high yield stocks?

Edited October 13, 2009 by kizza

[Kittyfang 6]

Being a freelancer as well, I asked this question to a community Immigration Help Center... thingy. I was told that if you earn money, while in the U.S... It's work. It sucks too, because if I could freaking work, it would help us tons.

Edited October 13, 2009 by Kittyfang