Working like an illegal before your EAD arrives

[Alex+R 0]

Just so I can understand this here process. Let's say Joe Legal Immigrant enters on a K1 and doesn't get a stamp or anything saying he is work authorized. While waiting for his EAD to arrive, he decides to work with a bunch of illegals in construction or a restaurant or whatever. Then one day La Migra shows up.

Now, the company he was working for could be in trouble for not collecting all the forms necessary to complete his I-9, but could Joe Legal Immigrant really be in trouble since technically he was working legally (as the K1 makes him legal to work)?

[Reynaldo 0]

Anyone? Anyone? Bueller?

[Jenn! 918]

As far as I understand, Joe Legal has done nothing wrong. It's the employer that's on the hook.

[Alex+R 0]

As far as I understand, Joe Legal has done nothing wrong. It's the employer that's on the hook.

That's what I thought too... so if the immigrant really just wants to make a few bucks instead of sit at home waiting for the EAD... that would theoretically be ok.... I think...

[payxibka 10,047]

I suppose theoretically if you can find such said employer who will look the other way....

[Jenn! 918]

As far as I understand, Joe Legal has done nothing wrong. It's the employer that's on the hook.

That's what I thought too... so if the immigrant really just wants to make a few bucks instead of sit at home waiting for the EAD... that would theoretically be ok.... I think...

I don't think it's okay unless the employer actually hires you and you're paying taxes. You can't work under the table, since that's illegal anyway. The employer would still have to fill out your I-9 etc. only without seeing any EAD. I think it'd be pretty tough to find an employer who'd be willing to do that.

[Alex+R 0]

Hm. What if you work as a consultant, and claim the income in your taxes later?

[Jenn! 918]

Hm. What if you work as a consultant, and claim the income in your taxes later?

That sounds like a way to get around it to me. I was thinking of your more typical "illegal" work like you mentioned (construction, restaurant).

Back to your OP, I changed my mind. I think the employee would be in trouble since there was no I-9.

This is a good question!

Edited December 19, 2006 by jenn3539

[payxibka 10,047]

As far as I understand, Joe Legal has done nothing wrong. It's the employer that's on the hook.

That's what I thought too... so if the immigrant really just wants to make a few bucks instead of sit at home waiting for the EAD... that would theoretically be ok.... I think...

I don't think it's okay unless the employer actually hires you and you're paying taxes. You can't work under the table, since that's illegal anyway. The employer would still have to fill out your I-9 etc. only without seeing any EAD. I think it'd be pretty tough to find an employer who'd be willing to do that.

Since you settle your tax bill once a year, dependent on when the "raid" occured, it would be fairly tough for someone to determine you were not going to pay your taxes.

As far as any required FICA component is concerned, if the employer does not withhold it, then they are responsible to "cover it".

Back to your OP, I changed my mind. I think the employee would be in trouble since there was no I-9.

This is a good question!

Employer

[Moonie 0]

If you work without a work permit you are breaking the law.

[payxibka 10,047]

If you work without a work permit you are breaking the law.

True, but the OP is referring to a K-1 which IS employment authorized for 90 days

[Jenn! 918]

Back to your OP, I changed my mind. I think the employee would be in trouble since there was no I-9.

This is a good question!

Employer

So you're saying that I could go get a job where I was paid under the table. And I wouldn't be doing anything wrong as long as I wasn't caught?

[payxibka 10,047]

Back to your OP, I changed my mind. I think the employee would be in trouble since there was no I-9.

This is a good question!

Employer

So you're saying that I could go get a job where I was paid under the table. And I wouldn't be doing anything wrong as long as I wasn't caught?

What I am saying is the I-9 is an employer required document. The employee does not get in trouble if the employer does not have you fill out this form. Does not mean there are not any potential ramifications to you for other "indiscretions" that may have occured.

Edited December 19, 2006 by fwaguy

[Jenn! 918]

I'm wondering why more people don't choose to work "illegally".

[Reynaldo 0]

I'm wondering why more people don't choose to work "illegally".

Misinformation is what makes people not work before the EAD.

Because it says on the SS website that you don't need EA documents if you are on a K-1.

Its complicated, bureaucratic and stupid.

But you'll probably only be able to work after the first EAD...

Edited December 19, 2006 by Reynaldo