Training during AOS

[Donna & Paul 4]

My fiance will travel here at the end of July so we can get married on a K-1 Visa. We plan to immediately file AOS. I know that he can attend school during that time, but what about other training?

He'd like to start his own business, possibly hardwood flooring and tile installation. Can he do freebie jobs during that time to begin to build a portfolio and get started by word of mouth so that when he does have his EAD he can get started with paying jobs? Or would that be construed as working?

Could he volunteer(unpaid) for a flooring contractor to be trained in local techniques and trends during that time just to gain some experience?

**If this is in the wrong forum could a moderator please move it?

Edited May 7, 2012 by Donna & Paul

[Anh map 2,098]

My fiance will travel here at the end of July so we can get married on a K-1 Visa. We plan to immediately file AOS. I know that he can attend school during that time, but what about other training?

He'd like to start his own business, possibly hardwood flooring and tile installation. Can he do freebie jobs during that time to begin to build a portfolio and get started by word of mouth so that when he does have his EAD he can get started with paying jobs? Or would that be construed as working?

Could he volunteer(unpaid) for a flooring contractor to be trained in local techniques and trends during that time just to gain some experience?

**If this is in the wrong forum could a moderator please move it?

One cannot volunteer for work that is normally a paid position.

[I AM NOT THAT GUY 5,715]

One can start a business. One cannot be an employee for someone else,

Edited May 7, 2012 by ☼

[Donna & Paul 4]

One cannot volunteer for work that is normally a paid position.

I see. Thank you!

[Donna & Paul 4]

One can start a business. One cannot be an employee for someone else,

He can start a business and be paid for the work done? But cannot be employed by anyone? I'm not sure I understand.

[I AM NOT THAT GUY 5,715]

He can start a business and be paid for the work done? But cannot be employed by anyone? I'm not sure I understand.

A business is an investment activity, and the USCIS is not concerned about how a foreigner lawfully invests money in the U.S. If your friend confines himself to management and investment activities in his own business, he will not run afoul of the law. If he engages in activities that could be construed as functioning under the supervision of another person for hire, that may fall under the definition of an employee and would not be allowed. In between those two areas, there is a huge gray area. If you draw a salary, or engage in activities for which you would normally draw a salary, even in your own business, that is probably a no-no. However, if you take a draw from your own business to cover non-business expenses, that would probably be okay.

[Donna & Paul 4]

A business is an investment activity, and the USCIS is not concerned about how a foreigner lawfully invests money in the U.S. If your friend confines himself to management and investment activities in his own business, he will not run afoul of the law. If he engages in activities that could be construed as functioning under the supervision of another person for hire, that may fall under the definition of an employee and would not be allowed. In between those two areas, there is a huge gray area. If you draw a salary, or engage in activities for which you would normally draw a salary, even in your own business, that is probably a no-no. However, if you take a draw from your own business to cover non-business expenses, that would probably be okay.

So if he were to start any type of business during the three or so months we are waiting for his adjustment of status he could receive payment for services rendered(i.e. flooring installation), put that money into a bank account and not draw on it for that time, and be okay? We're planning for him to be here at the end of July and we'll be married by the end of August.

[I AM NOT THAT GUY 5,715]

So if he were to start any type of business during the three or so months we are waiting for his adjustment of status he could receive payment for services rendered(i.e. flooring installation), put that money into a bank account and not draw on it for that time, and be okay? We're planning for him to be here at the end of July and we'll be married by the end of August.

As long as he is not the person performing the installation, no problem. If he performs the installation himself, he is in that gray area. Depending on the type of business (sole proprietorship, partnership, LLC, etc,) he can take a draw anytime (a "dividend", for example) depending on how the business is structured. He just can't take a regular salary, or commission, based on any specific work he performed.

Edited May 7, 2012 by ☼

[Donna & Paul 4]

As long as he is not the person performing the installation, no problem. If he performs the installation himself, he is in that gray area. Depending on the type of business (sole proprietorship, partnership, LLC, etc,) he can take a draw anytime (a "dividend", for example) depending on how the business is structured. He just can't take a regular salary, or commission, based on any specific work he performed.

I understand now, I think. He would be performing the installation himself, so I think he might be better off waiting. I just know he doesn't want to sit around on his hands for those few months if he could be getting some training in. It would be more like an unpaid apprenticeship. We'd both rather be safe than sorry, though.

Thanks for your help.