Harsh Question

[Mike B. 231]

Awesome.

[Deputy Purple 1,294]

everything is fine the way it is. if couples are smart they can work better togheter here in usa after the immigration of one of them. my husband makes more money at 22 with no degree than more people with 2-3 degrees because he was smart. and you dont need an EAD to open a small bussiness online when you get here. the level of 125% should not be changed. smart people can get 200% in 2 months after marriage working togheter. but of course, uscis is the one to decide. i personally dont care about new immigrants since im more concerned about my own family. whoever stays behind...well their luck

Really?

Can you please show me where it's legal to "open an online business" while in the US without Work Authorization? Heck let's just say for argument's sake your husband owns a pizza place, legally you can't even work there for free until you have EAD.

I'm also curious as to why you & your husband needed his family to help you guys if his income is so high?

[I AM NOT THAT GUY 5,715]

Really?

Can you please show me where it's legal to "open an online business" while in the US without Work Authorization? Heck let's just say for argument's sake your husband owns a pizza place, legally you can't even work there for free until you have EAD.

I'm also curious as to why you & your husband needed his family to help you guys if his income is so high?

Hmm, not completely true. There is no requirement to have an EAD to run a business. If they are married, and the wife materially participates in her husband's business, there is no requirement to be work authorized. She cannot be an employee, and that is different that being a participant in a business.

[Deputy Purple 1,294]

Hmm, not completely true. There is no requirement to have an EAD to run a business. If they are married, and the wife materially participates in her husband's business, there is no requirement to be work authorized. She cannot be an employee, and that is different that being a participant in a business.

I would very much like to see the laws on that.

Running a business is being self employed, it's quite simple. To be self employed you must be work authorized.

[I AM NOT THAT GUY 5,715]

I would very much like to see the laws on that.

Running a business is being self employed, it's quite simple. To be self employed you must be work authorized.

I have been self-employed for twenty years. Not once have I ever have to prove I was work authorized. Technically, I am unemployed. I love those surveys that don't make allowances for self-employed individuals.

Edited February 27, 2012 by ☼

[Deputy Purple 1,294]

I have been self-employed for twenty years. Not once have I ever have to prove I was work authorized.

And exactly what does that prove? That contractors aren't required to fill out I-9s...

The people you work for are either hiring your company as a vendor or you as an Independent contractor, neither requires an I-9 but for you to legally work in the US you are still subject to the laws which state that you must either be a US Citizen or Authorized to Work.

To state that you don't fall under any legal requirements because you haven't had to prove such is overly simplistic.

I haven't had to prove that I carry auto insurance but the law requiring I carry it still exists.

[I AM NOT THAT GUY 5,715]

And exactly what does that prove? That contractors aren't required to fill out I-9s...

The people you work for are either hiring your company as a vendor or you as an Independent contractor, neither requires an I-9 but for you to legally work in the US you are still subject to the laws which state that you must either be a US Citizen or Authorized to Work.

To state that you don't fall under any legal requirements because you haven't had to prove such is overly simplistic.

I haven't had to prove that I carry auto insurance but the law requiring I carry it still exists.

Unless you can show something in the law that states otherwise, you have to assume the EAD is not required. The fact that I don't fill out an I-9 before serving each customer should be a clue to you. Put up, or shut up.

Foreign businesses are permitted to do business in the US. Foreigners can own businesses in the US. Foreign businesses can even bring foreign workers to work for them in the US. None of this requires an EAD.

[JimVaPhuong 4,863]

I have been self-employed for twenty years. Not once have I ever have to prove I was work authorized. Technically, I am unemployed. I love those surveys that don't make allowances for self-employed individuals.

You just contradicted yourself. You can't be both self-employed and unemployed, even "technically". Not having to prove you're authorized to work is not that the same as not requiring authorization to work.

If you are self-employed then you are, by definition, employed by yourself. If you were not authorized to work in the United States then you'd be violating the law as both employer and employee.

If you are an independent contractor then you're covered by USC 8, section 274. Any entity that knowingly hires, recruits, or refers for a fee a contractor who is not authorized to work in the United States is in violation of the law.

[I AM NOT THAT GUY 5,715]

You just contradicted yourself. You can't be both self-employed and unemployed, even "technically". Not having to prove you're authorized to work is not that the same as not requiring authorization to work.

If you are self-employed then you are, by definition, employed by yourself. If you were not authorized to work in the United States then you'd be violating the law as both employer and employee.

If you are an independent contractor then you're covered by USC 8, section 274. Any entity that knowingly hires, recruits, or refers for a fee a contractor who is not authorized to work in the United States is in violation of the law.

I am a sole-proprietor. I am not employed. I don't pay taxes on what I pay myself. My taxes are based on the net profit of my business. I am not a Schedule C employee.

Back it up with a cite, or let it go. You are both talking through your hats.

[I AM NOT THAT GUY 5,715]

Breaking into the U.S. market can be a rewarding venture for many foreign businesses. Because U.S. citizenship and residency are not required, foreign nationals are able to start or expand on U.S. soil without experiencing much more red-tape than an American-born business owner would.

U.S. citizens will likely need an Employment Identification Number to start up, a process that requires their social security number (SSN). In the case of foreign businesses, an Individual Taxpayer Identification Number (ITIN) will suffice. The IRS issues these 9-digit tax processing numbers to individuals who are required to pay US taxes but who are ineligible for a SSN, including resident and non-resident aliens and foreign nationals.

http://community.sba.gov/community/blogs/community-blogs/business-law-advisor/starting-business-us-foreign-national

[Deputy Purple 1,294]

You are both talking through your hats.

I'd rather be talking through my hat than my britches...

Working of any kind in the US requires work authorization.

Yes someone on a B Visa can come to the US and perform functions related to their job for their foreign employer but they can't displace a US based worker without an employment based visa.

BTW, Owning a business and being self employed are not one and the same.

Edited February 27, 2012 by Bob 4 Anna

[I AM NOT THAT GUY 5,715]

I love Visa Journey! So many clueless "experts".

[I AM NOT THAT GUY 5,715]

BTW, Owning a business and being self employed are one one and the same.

Much the same way as masturbation and sex are one and the same, I suppose.

[Deputy Purple 1,294]

Much the same way as masturbation and sex are one and the same, I suppose.

I made a typo, I meant "are not one and the same"...

You can own a business and never step foot within it's operation, simply derive income from the profitability of the business.

As a Sole Proprietor you are in fact self employed and working within the US which does required you to be authorized to work.

I love Visa Journey! So many clueless "experts".

I'll agree with you as long as you're counting yourself in those numbers...

Edited February 27, 2012 by Bob 4 Anna

[I AM NOT THAT GUY 5,715]

working within the US which does required you to be authorized to work.

Being work authorized means you can seek employment in the US, and any employer is authorized to hire you.

However, many people can legally work in the US and are not work authorized. I will leave it up to you to figure that one out.

Hint: H, L, O, P, Q...