Earning Income online prior to Employment Authorization

[EmersonsBrooke 0]

I'm still awaiting EAD approval, and AOS approval. I'm a K1-er. But I'm itching to get my business going. Until now I'd not been ready to sell things, so I just assumed I wouldn't be able to till I had my EAD, and hoped that would come when I was ready. Now I'm ready. The website is done, the plans are laid out. All my site lacks is the products to sell. I'd also like to earn extra income as an affiliate for other companies.

Does anyone know if this is allowed without a US work permit, since it's all online, not limited to within the US? Can I even use Google Adsense on my website? Can I sell stuff on ebay? It's not 'employment', so... ?

Thanks!

Brooke

Edited September 1, 2006 by EmersonsBrooke

[diadromous mermaid 36]

It's not 'employment', so... ?

Thanks!

Brooke

Funny. How do you define 'employment'? Hint: What you're proposing is self-employment.

[CJ&Jum 0]

You would likely be deriving U.S. income, this may have an impact on the classification of employment. You are getting paid somewhere down the line while in the U.S. and this may classify as employment. Even volunteer work may be employment, so even not getting paid can be considered employment. I would be careful.

C.J.

It's not 'employment', so... ?

Thanks!

Brooke

Funny. How do you define 'employment'? Hint: What you're proposing is self-employment.

[diadromous mermaid 36]

You would likely be deriving U.S. income, this may have an impact on the classification of employment. You are getting paid somewhere down the line while in the U.S. and this may classify as employment. Even volunteer work may be employment, so even not getting paid can be considered employment. I would be careful.

C.J.

CJ,

It's not a question of may at all , it is employment!

[KarenCee 3]

I concur....anything that nets you an income is work. On the volunteer issue, from what I've understood, if the volunteering you do leads to a paying job (and you are in a position that could be given to someone who could be paid for that job) then that's where it's a no-no. I hope I worded that right (otherwise I'll get blasted). Simply volunteering for the sake of volunteering isn't wrong, from what I understand.

*cringes, waiting for the onslaught*

[diadromous mermaid 36]

I concur....anything that nets you an income is work. On the volunteer issue, from what I've understood, if the volunteering you do leads to a paying job (and you are in a position that could be given to someone who could be paid for that job) then that's where it's a no-no. I hope I worded that right (otherwise I'll get blasted). Simply volunteering for the sake of volunteering isn't wrong, from what I understand.

*cringes, waiting for the onslaught*

That's correct, KarenCee, and I'd just add that volunteering that leads to further credentialling, absent remuneration, but placing an alien in a better position to gain employment in the future also falls within the "no go" territory

[Yodrak 7]

diadromous mermaid,

I think your statement is a bit too over-simplified to be correct. For example, being a 'candy striper' is true volunteering but it can provide experience and contacts that would put a person in a better position for future employment in health care.

Yodrak

I concur....anything that nets you an income is work. On the volunteer issue, from what I've understood, if the volunteering you do leads to a paying job (and you are in a position that could be given to someone who could be paid for that job) then that's where it's a no-no. I hope I worded that right (otherwise I'll get blasted). Simply volunteering for the sake of volunteering isn't wrong, from what I understand.

*cringes, waiting for the onslaught*

That's correct, KarenCee, and I'd just add that volunteering that leads to further credentialling, absent remuneration, but placing an alien in a better position to gain employment in the future also falls within the "no go" territory

[Artegal 1]

Brooke this seems like such a grey area. On the one hand you must be legally authorized to work in order to work. On the other hand you can pay taxes as long as you have an ITIN or SSN. But from what I have researched on the I-9 handbook for employers.

You seem fall into one the following:

#38 Question: If I am a business entity (corporation, partnership, etc.), do I have to fill out I-9s on my employees?

Answer: Yes, you must complete I-9s for all of your employees, including yourself.

However:

If you are self-employed, you do not need to complete a Form I-9 on yourself unless you are also an employee of a business entity, such as a corporation or partnership, in which case the business entity is required to complete a Form I-9 on you.

Don't become a business entity until you have your EAD and AOS, but you can be self-employed and not complete a Form I-9.

Edited September 5, 2006 by Artegal

[Kez/JWolf 6]

I think the easiest way to look at it is..... if you are allowed to work/earn money without EAD then why would we all have to apply for the EAD in the first place?

Kezzie

[motu 5]

A friend of mine on a student visa was advised by his attorney that selling was OK as it constituted a business not employment. Also, as a student visa holder - you are allowed to work up to a certain amount per week without violating your status. As long as you pay your taxes (including the SS taxes) you are not violating your AOS process by engaging in business - that’s what the attorney told him - you can confer with an immigration attorney to confirm it (as this was a few years ago.) Good Luck

[EmersonsBrooke 0]

A friend of mine on a student visa was advised by his attorney that selling was OK as it constituted a business not employment.

Thank you motu! That's what I meant. Because I'm not taking a job that could otherwise be filled by a U.S. citizen, so I shouldn't be violating my status.. I don't see what advantage they gain by me being extra super poor.

you can confer with an immigration attorney to confirm it

Now there's a novel idea! Thanks. I better do that.

If you are self-employed, you do not need to complete a Form I-9 on yourself unless you are also an employee of a business entity, such as a corporation or partnership ... Don't become a business entity until you have your EAD and AOS, but you can be self-employed and not complete a Form I-9.

That's helpful as well. Thanks Artegal!

Appreciate the replies, everybody. When I find out more for sure, I'll post the info here in case anyone else wants to know.

[diadromous mermaid 36]

diadromous mermaid,

I think your statement is a bit too over-simplified to be correct. For example, being a 'candy striper' is true volunteering but it can provide experience and contacts that would put a person in a better position for future employment in health care.

Yodrak

Yes, but the distinction is that volunteering as a form of altruism is not against the regulations. Now if an alien became a candy striper which is traditionally an act of charity and good will and as a service to the community, then I'd say that it would be permitted. And I suppose, in the case of an alien that is ultimately going to seek work in the Health Care industry, being a 'candy striper' could add credentials. The issue is more oriented to what is typically considered an altruistic service.

motu,

USCIS laws and regulations prohibit employment of aliens except under specific conditions. For example, F-1 students may work in on-campus jobs, in curricular practical training, in optional practical training, or for certain international organisations. J-1 students and scholars and H-1B workers have similar work restrictions. USCIS generally prohibits all other employment.

Edited September 11, 2006 by diadromous mermaid