Consulting for a foreign co. in foreign $

[Canuck Carrie 1]

I'm sure it's been discussed, but I can't find anything in a search.

What are the rules for Consulting for a foreign company, being paid in foreign $, deposited to a foreign bank account.

I'm asking because the USCIS says this:

What is an Employment Authorization Document?

U.S. employers must check to make sure all employees, regardless of citizenship or national origin, are allowed to work in the United States. If you are not a citizen or a lawful permanent resident, you may need to apply for an Employment Authorization Document (EAD) to prove you may work in the United States.

USCIS issues Employment Authorization Documents (EAD) in the following categories:

EAD: This document proves you are allowed to work in the United States.

http://uscis.gov/graphics/howdoi/ead.htm

[zyggy 9]

I'm sure it's been discussed, but I can't find anything in a search.

What are the rules for Consulting for a foreign company, being paid in foreign $, deposited to a foreign bank account.

I'm asking because the USCIS says this:

What is an Employment Authorization Document?

U.S. employers must check to make sure all employees, regardless of citizenship or national origin, are allowed to work in the United States. If you are not a citizen or a lawful permanent resident, you may need to apply for an Employment Authorization Document (EAD) to prove you may work in the United States.

USCIS issues Employment Authorization Documents (EAD) in the following categories:

EAD: This document proves you are allowed to work in the United States.

http://uscis.gov/graphics/howdoi/ead.htm

If you're doing consulting, then your your own employer... EAD rules still apply...

[Kez/JWolf 6]

As you will be in the USA you are bound by the rules..... you will need an EAD to do any work....

Kezzie

[AussieBoy67 0]

Canuck Carrie,

I like the way you interpreted the USCIS web site. I agree with you.

You can interperated things in a multitude of different ways.

Have a look at the Employers handbook and i think there are a couple of other pdf files worth looking at when it comes to employment eligability.

I dont totally agree with the other on this topic. But there again they wont agree with me either.

S.

http://uscis.gov/graphics/lawsregs/handbook/hand_emp.pdf

[Canuck Carrie 1]

Thanks for the link AussieBoy, but the handbook seems to only apply to US Employers (unless I missed something in there).

I'm wondering if "consulting" was the wrong choice of words, it would be more of a "remote employee" thing. I should just get it out of my head that it might be feasible.

[Kez/JWolf 6]

I was asked at my interview if I had done any work paid or unpaid prior to receiving my EAD.....

Ithink if you are here in the states you would not be allowed to work even for a foreign employer without the EAD....

Kezzie

[pinac 0]

I'm sure it's been discussed, but I can't find anything in a search.

What are the rules for Consulting for a foreign company, being paid in foreign $, deposited to a foreign bank account.

I'm asking because the USCIS says this:

What is an Employment Authorization Document?

U.S. employers must check to make sure all employees, regardless of citizenship or national origin, are allowed to work in the United States. If you are not a citizen or a lawful permanent resident, you may need to apply for an Employment Authorization Document (EAD) to prove you may work in the United States.

USCIS issues Employment Authorization Documents (EAD) in the following categories:

EAD: This document proves you are allowed to work in the United States.

http://uscis.gov/graphics/howdoi/ead.htm

It is pretty much a grey area.

The rules pretty much state that you are not allowed to work while waiting for the EAD. That said, if you do work you must declare the income and you can deduct all legit expenses (e.g. internet, etc). So even the US government can not agree.

I would guess that the answer really lies with how creative you can be in structuring the arrangement (e.g. invoice for the work while still in Canada), how much you need the money, and how comfortable you are living in the grey area.

[kc456 0]

I'd agree that it's a grey area. It's like you are a remote employee for a Canadian employer. But you would still need to declare foreign income, so IRS would know about it, I guess. If they talk to each other or not is anybody's guess. And if it is be apparent at your interview, what would happen?

[AussieBoy67 0]

Canuck Carrie,

Some of the other pdf file have definitions of "work".

Also if you are paying taxes in Canada and filing a tax return there rather than in the US then maybe you are not working int he US other than the physical act of working being performed in the US.

Like everyone has suggested this is a grey area but I think you are OK unless someone can provide decent statute or prior cases law to prove otherwise.

S.