Self-employed before SSN?

[Caladan 19]

A question I've not seen addressed, and something I was wondering about the legality of, and if anyone had any experience.

I understand an new immigrant cannot be employed legally before the EAD & SSN number have been approved, but what about working as a private contractor? Here's the situation I have in mind: my boyfriend is a talented carpenter with experience in home renovations. He'll probably be here next summer.

If he were to be in his own business, and paid the required SS and income taxes, as he'd have the paperwork done by the following tax day, would that be legal?

Please, I don't need a lecture on work authorization. I understand that, and we certainly wouldn't do anything illegal. And I realize that there's also numerous state regs that would probably preclude this sort of work anyway.

But what's the deal with an immigrant starting his own business? Anyone know the law in this case?

[flipside 0]

Please, I don't need a lecture on work authorization. I understand that, and we certainly wouldn't do anything illegal. And I realize that there's also numerous state regs that would probably preclude this sort of work anyway.

You pretty much answered your own question....

[I'm Gone 60]

A question I've not seen addressed, and something I was wondering about the legality of, and if anyone had any experience.

I understand an new immigrant cannot be employed legally before the EAD & SSN number have been approved, but what about working as a private contractor? Here's the situation I have in mind: my boyfriend is a talented carpenter with experience in home renovations. He'll probably be here next summer.

If he were to be in his own business, and paid the required SS and income taxes, as he'd have the paperwork done by the following tax day, would that be legal?

Please, I don't need a lecture on work authorization. I understand that, and we certainly wouldn't do anything illegal. And I realize that there's also numerous state regs that would probably preclude this sort of work anyway.

But what's the deal with an immigrant starting his own business? Anyone know the law in this case?

As long as a person has work authorization that doesn't tie them to one specific employer there shouldn't be a problem.

I received this from the Office of Business Liaison that also maybe helpful.

"A self-employed individual is not required to file an I-9 if he is functioning as an independent contractor. However, if he incorporates his business or forms a partnership, then he has to fill out an I-9 for himself."

[Caladan 19]

Actually, no, flipside, I didn't; the practicalities of getting licensed in Connecticut when we'll only live there a year or so are indeed a separate process from being legally allowed to apply for such a license. Maybe I can put this simpler:

Are an EAD and SSN required prior to starting one's own business in the U.S.?

Edited August 12, 2006 by Caladan

[I'm Gone 60]

Are an EAD and SSN required prior to starting one's own business in the U.S.?

You definently need the EAD. I believe depending on the business situation you are going to need an SSN and/or EIN.

http://www.irs.gov/businesses/small/index.html

http://www.ssa.gov/pubs/10022.html

Edited August 12, 2006 by mdyoung

[Caladan 19]

Excellent, thank you for the links. The USCIS site wasn't very helpful here.

[I'm Gone 60]

Excellent, thank you for the links. The USCIS site wasn't very helpful here.

Well other than saying you need work authorization, the rest isn't their area. Just like you wouldn't look on the IRS Website for visa info. I love it when people say the SSA Website or an SSA employee said they were authorized to work, it's not SSA's call.

[Caladan 19]

Indeed. It just wasn't clear whether 'work authorization' meant 'employment authorization' or 'earnings authorization.' Hadn't occurred to me to search the IRS (and a search of 'self-employed' lead the wrong way here.)