Authorization for working prior to receiving EAD and AOS

[rebeccajo 14]

Yet that document isn't wide enough in its scope to address Foreign Employment?

I said 'anybody' didn't I?

[Usui Takumi 1,562]

Yes but that doesn't mean it covers "anybody".

CFR §274a.(12).(a).(6)

(a) Aliens authorized employment incident to status. Pursuant to the statutory or regulatory reference cited, the following classes of aliens are authorized to be employed in the United States without restrictions as to location or type of employment as a condition of their admission or subsequent change to one of the indicated classes. Any alien who is within a class of aliens described in paragraphs (a)(3), (a)(4), (a)(6)-(a)(8), (a)(10)-(a)(15), or (a)(20) of this section, and who seeks to be employed in the United States, must apply to U.S.Citizenship and Immigration Services (USCIS) for a document evidencing such employment authorization. USCIS may, in its discretion, determine the validity period assigned to any document issued evidencing an alien's authorization to work in the United States. (Introductory text revised effective 10/17/07; 72 FR 53014 ) (Introductory text revised 7/30/04; 69 FR 45555 ) (Introductory text amended effective 3/4/02; 67 FR 4784 ) (Introductory text amended 9/7/01; 66 FR 46697 ) (Introductory text revised 8/14/01; 66 FR 42587 ) (Introductory text amended 6/1/01; 66 FR 29961)

This focuses on US employment not Foreign Employment. I don't see this regulating Foreign Employers nor do I see I9 regulating foreign employers.

[rebeccajo 14]

Yes but that doesn't mean it covers "anybody".

CFR §274a.(12).(a).(6)

(a) Aliens authorized employment incident to status. Pursuant to the statutory or regulatory reference cited, the following classes of aliens are authorized to be employed in the United States without restrictions as to location or type of employment as a condition of their admission or subsequent change to one of the indicated classes. Any alien who is within a class of aliens described in paragraphs (a)(3), (a)(4), (a)(6)-(a)(8), (a)(10)-(a)(15), or (a)(20) of this section, and who seeks to be employed in the United States, must apply to U.S.Citizenship and Immigration Services (USCIS) for a document evidencing such employment authorization. USCIS may, in its discretion, determine the validity period assigned to any document issued evidencing an alien's authorization to work in the United States. (Introductory text revised effective 10/17/07; 72 FR 53014 ) (Introductory text revised 7/30/04; 69 FR 45555 ) (Introductory text amended effective 3/4/02; 67 FR 4784 ) (Introductory text amended 9/7/01; 66 FR 46697 ) (Introductory text revised 8/14/01; 66 FR 42587 ) (Introductory text amended 6/1/01; 66 FR 29961)

This focuses on US employment not Foreign Employment. I don't see this regulating Foreign Employers nor do I see I9 regulating foreign employers.

We are talking about K1 entrants. Don't muddy the waters with other immigrant categories.

You continue to hammer away at the bit that a K1 is able to be employed incident to status. They are given they follow those other little nit-picky parts of the CFR where it is specifically spells out that this class of alien must have a fee document issued by the service to be employed.

[Usui Takumi 1,562]

I'm not muddying the waters the topic is a K1 with foreign employment.

[rebeccajo 14]

I'm not muddying the waters the topic is a K1 with foreign employment.

Not authorized to work. Not without a fee document. That's what it says.

Christmas is coming. Maybe Santa will hire you. He's at the North Pole, you know. Foreign employment and all that jazz.

[Usui Takumi 1,562]

I'm not muddying the waters the topic is a K1 with foreign employment.

Not authorized to work. Not without a fee document. That's what it says.

Christmas is coming. Maybe Santa will hire you. He's at the North Pole, you know. Foreign employment and all that jazz.

Not authorized to work with regards to US employment is what it says.

[rebeccajo 14]

I'm not muddying the waters the topic is a K1 with foreign employment.

Not authorized to work. Not without a fee document. That's what it says.

Christmas is coming. Maybe Santa will hire you. He's at the North Pole, you know. Foreign employment and all that jazz.

Not authorized to work with regards to US employment is what it says.

For the classes of aliens in your link.

Not mine.

Here's what your link says about the people we are talking about -

(6) An alien admitted to the United States as a nonimmigrant fiancé or fiancée pursuant to section 101(a)(15)(K)(i) of the Act, or an alien admitted as a child of such alien, for the period of admission in that status, as evidenced by an employment authorization document issued by the Service;

Edited November 10, 2009 by rebeccajo

[Usui Takumi 1,562]

They are tied together.

Yours:

(9) Employment authorization . An alien admitted to the United States as a nonimmigrant under section 101(a)(15)(K) of the Act shall be authorized to work incident to status for the period of authorized stay. K-1/K-2 aliens seeking work authorization must apply, with fee, to the Service for work authorization pursuant to § 274a.12(a)(6) of this chapter. K-3/K-4 aliens must apply to the Service for a document evidencing employment authorization pursuant to § 274a.12(a)(9) of this chapter. Employment authorization documents issued to K-3/K-4 aliens may be renewed only upon a showing that the applicant has an application or petition awaiting approval, equivalent to the showing required for an extension of stay pursuant to § 214.2(k)(10) .

[Gary and Alla 3,694]

Hello, everybody:

I came to America on October 6 and got married on October 9. I still didn't apply for the AOS and the employment authorization.

My question is: am I allowed to work as a freelance translator (not being employed with any employer but working from my home online) so that my husband would pay the taxes on the income I'd make (before the adjustment of status and receiving the employment authorization)?

I've got already my Social Security card and it says that it is "valid for work only with DHS authorization".

Thank you very much in advance.

I have checked into this rather extensively and with some top people at USCIS and here is what I have found.

1. If you are working for a company in Russia, paid in Russian currency deposited in a Russian bank, the DHS considers you are employed in Russia, regardless where you are sitting to answer the emails, etc. It is no different than any foreign citizen handling business matters while on vacation in the USA, for example. You would still have to claim any money brought to the US as income and may be eligible for foreign tax credits.

2. If you wish to do this as a self employment business here in the USA, NO it is not legal. That is, the payments are sent to YOU here in the US or paid by US customers, for that you need an EAD or Green Card.

3. You and/or your husband can establish a business "Jeffy's translations" for example. The business can be incorporated or not, doesn't matter. You and/or your husband can open an account in the business name. Payments are made to the business, NOT to you. The money is deposited in the business account and can then be transferred to your joint account by your husband. Business owners are not required to be "paid" by any wage or labor law and returns on investments are not employment. Any person in the world can own or invest in a business in the USA. If you are doing the business here YOU cannot receive a "pay check" for your work. Your husband can, the business can, but YOU cannot, until you have an EAD or Green Card.

[Gary and Alla 3,694]

Yes but that doesn't mean it covers "anybody".

CFR §274a.(12).(a).(6)

(a) Aliens authorized employment incident to status. Pursuant to the statutory or regulatory reference cited, the following classes of aliens are authorized to be employed in the United States without restrictions as to location or type of employment as a condition of their admission or subsequent change to one of the indicated classes. Any alien who is within a class of aliens described in paragraphs (a)(3), (a)(4), (a)(6)-(a)(8), (a)(10)-(a)(15), or (a)(20) of this section, and who seeks to be employed in the United States, must apply to U.S.Citizenship and Immigration Services (USCIS) for a document evidencing such employment authorization. USCIS may, in its discretion, determine the validity period assigned to any document issued evidencing an alien's authorization to work in the United States. (Introductory text revised effective 10/17/07; 72 FR 53014 ) (Introductory text revised 7/30/04; 69 FR 45555 ) (Introductory text amended effective 3/4/02; 67 FR 4784 ) (Introductory text amended 9/7/01; 66 FR 46697 ) (Introductory text revised 8/14/01; 66 FR 42587 ) (Introductory text amended 6/1/01; 66 FR 29961)

This focuses on US employment not Foreign Employment. I don't see this regulating Foreign Employers nor do I see I9 regulating foreign employers.

An "employee" is one who is employed by a US business. Business owners are not necessarily employees (they can be, but are not automatically so) Volunteers are not employees. You CAN do this legally but need to be careful how you set things up legally and who gets paid.

[rebeccajo 14]

Perhaps I should refer you to Sec. 274.1 - Definitions - specifically item (g)

(g) The term employer means a person or entity, including an agent or anyone acting directly or indirectly in the interest thereof, who engages the services or labor of an employee to be performed in the United States for wages or other remuneration. In the case of an independent contractor or contract labor or services, the term employer shall mean the independent contractor or contractor and not the person or entity using the contract labor;

Edited November 10, 2009 by rebeccajo

[rebeccajo 14]

3. You and/or your husband can establish a business "Jeffy's translations" for example. The business can be incorporated or not, doesn't matter. You and/or your husband can open an account in the business name. Payments are made to the business, NOT to you. The money is deposited in the business account and can then be transferred to your joint account by your husband. Business owners are not required to be "paid" by any wage or labor law and returns on investments are not employment. Any person in the world can own or invest in a business in the USA. If you are doing the business here YOU cannot receive a "pay check" for your work. Your husband can, the business can, but YOU cannot, until you have an EAD or Green Card.

Show me the money, Gary. Show me the cite in the CFR which says this is allowed.

[Usui Takumi 1,562]

Perhaps I should refer you to Sec. 274.1 - Definitions - specifically item (6)

(g) The term employer means a person or entity, including an agent or anyone acting directly or indirectly in the interest thereof, who engages the services or labor of an employee to be performed in the United States for wages or other remuneration. In the case of an independent contractor or contract labor or services, the term employer shall mean the independent contractor or contractor and not the person or entity using the contract labor;

That says Services to be performed in the US. If your doing work for a foreign employer likely the services are occurring in that country.

[rebeccajo 14]

Perhaps I should refer you to Sec. 274.1 - Definitions - specifically item (6)

(g) The term employer means a person or entity, including an agent or anyone acting directly or indirectly in the interest thereof, who engages the services or labor of an employee to be performed in the United States for wages or other remuneration. In the case of an independent contractor or contract labor or services, the term employer shall mean the independent contractor or contractor and not the person or entity using the contract labor;

That says Services to be performed in the US. If your doing work for a foreign employer likely the services are occurring in that country.

Work performed in the US.

It does not say who it is performed for. It says 'where'.

[Usui Takumi 1,562]

It does not say work performed in the US.

Funny how the next section says this:

(h) The term employment means any

service or labor performed by an employee

for an employer within the

United States, including service or

labor performed on a vessel or aircraft

that has arrived in the United States

and has been inspected, or otherwise

included within the provisions of the

Anti-Reflagging Act codified at 46

U.S.C. 8704, but not including duties

performed by nonimmigrant crewmen

defined in sections 101 (a)(10) and

(a)(15)(D) of the Act. However, employment

does not include casual employment

by individuals who provide domestic

service in a private home that

is sporadic, irregular or intermittent;

And that's what were talking about : employment. Note how the requirement for employment says that the employee AND employer must be in the US

Also note that both sections are under "Employer" Requirements.....

Edited November 10, 2009 by Sousuke