Working for foreign company while waiting for EAD

[Ken&Lin 1]

Dear VJ'ers,

First of all thanks for all the help in the past. Great community!

I will be leaving for the US mid-February to get married via my K1 visa (yah!). My current Dutch employer would like to keep me on-board at least until I get my EAD approved. Since I work in IT it is easy to work from our apartment in the US. I am fully aware that I am not allowed to work for any US company, but what about foreign companies while in the US under K1 waiting for EAD? I can still get paid in Euros and pay Dutch tax so no connection to US economy. I have read multiple threads on VJ and via Google search, but the answers are very mixed and therefore my insecurity about the topic. I am especially looking for a bit more official documentation but personal experiences are more than welcome!

Thanks!

[Boiler 45,519]

Tax is easy, once you are here then you will be US tax resident, may not mean much assuming there is a tax treaty.

Practically it is not an issue, legally it is confusing, the regulations date back before this was possible.

[rtor1 52]

Dear VJ'ers,

First of all thanks for all the help in the past. Great community!

I will be leaving for the US mid-February to get married via my K1 visa (yah!). My current Dutch employer would like to keep me on-board at least until I get my EAD approved. Since I work in IT it is easy to work from our apartment in the US. I am fully aware that I am not allowed to work for any US company, but what about foreign companies while in the US under K1 waiting for EAD? I can still get paid in Euros and pay Dutch tax so no connection to US economy. I have read multiple threads on VJ and via Google search, but the answers are very mixed and therefore my insecurity about the topic. I am especially looking for a bit more official documentation but personal experiences are more than welcome!

Thanks!

Hii!!

Well, I will take about my personal experience and I am not fully sure if it's correct: My boss also wanted to keep me (I work for a french company in Brazil) and it would a ''home office'' position, however my former boss who has a lot experience working internationally (Costa Rica, France, Spain and Brazil) made me some questions that made me think about it:

1. Bank account: He asked me if I would keep my local account here and therefore filling taxes here. I said yes and he asked me how would I prove to the US Immigration Authorities that I really intend to become a resident if I have professional ties to my country and in fact paying taxes in a country that I am not a resident anymore? I know that they probably would never know about it because they wouldn't have access to an international bank account but it didn't seem right, I would feel I was doing something illegal (I can be wrong, not saying that I am right about it).

I also got contacted by my french director (They offered me a position in Miami in our US organization) and I explained about the visa and that I won't have the EAD so soon as they expected. They say OK, they will wait. I guess if there was a chance of keeping me as a brazilian employee and transferring me later on they would for sure say something about it.

From what I get for the Work Permit I understood that they mean working IN THE US, apparently it has nothing to do if you work for a British, German or any other international company. I assume that since you're performing a professional activity in their territory you need to have the permission to do so.

I am also looking forward ftp hearing back from people because it's definitely confusing. I have looked before about it and couldn't find anything as well.

[Ken&Lin 1]

I got this response from my consulate:

"Please read the attached brochure to your issued Fiance visa sealed envelope

If you wish work in the United States contact the USCIS office.

The USCIS may grant permission for the fiancé(e) visa holder to take up employment in the U.S. before the marriage takes place. To obtain employment authorization follow the instructions on the following webpage:http://www.uscis.gov/i-765"

Not very helpful really, since they say nothing about AFTER we get married and up until the point of EAD is received.

Anyone else know anything about this?

Thanks!

[JohnR! 5,495]

You can work from home here provided your continue to work under your Dutch contract and being paid in the Netherlands as you are today, because for all purposes and intent you are not employed in the US. What you can't do without the EAD is accept employment in the US, with a contract in the US. In fact, even once your get your greencard you can continue with the same arrangement, if it suits you. Just make sure to include your foreign earnings in your tax return next year.

Good luck!

Dear VJ'ers,

First of all thanks for all the help in the past. Great community!

I will be leaving for the US mid-February to get married via my K1 visa (yah!). My current Dutch employer would like to keep me on-board at least until I get my EAD approved. Since I work in IT it is easy to work from our apartment in the US. I am fully aware that I am not allowed to work for any US company, but what about foreign companies while in the US under K1 waiting for EAD? I can still get paid in Euros and pay Dutch tax so no connection to US economy. I have read multiple threads on VJ and via Google search, but the answers are very mixed and therefore my insecurity about the topic. I am especially looking for a bit more official documentation but personal experiences are more than welcome!

Thanks!

Edited January 22, 2015 by JohnR!

[Ken&Lin 1]

Hi JohnR,

That is great news. Do you in any case have some documents or legal stuff stating this as well? Because I simply worry because other forums states "NO, you cannot work for anyone AT ALL" and other's say "YES, for sure you can"

Thanks!

[JohnR! 5,495]

I don't know that there is a statement to that effect in any official website. It's a matter of interpretation of the existing law. Until you have your EAD you are not allowed to accept employment in the US. Your current job falls outside that category in that while you wait for your residence, you are a foreign national working for a foreign company, under the laws of the Netherlands, were you are legally hired.

A greecard affords you two basic privileges: the right to live in the US -and- the right to work [accept employment] in the US. By keeping your foreign employment while you wait for your EAD doesn't contravene either. Your only concern should be with your taxes. Here is a link to the IRS website:

http://www.irs.gov/Individuals/International-Taxpayers/How-to-Report-Wage-Income-Paid-by-Foreign-Governments-or-International-Organizations-for-Work-Performed-in-the-United-States

Green Card Holders (Lawful Permanent Resident) Working in the United States

If you are a green card holder employed by a foreign government or international organization, you are not subject to self-employment taxes and may not voluntarily participate in the U.S. social security system.

If you expect to have tax due at the end of the year, you must file estimated tax payments because your compensation is not subject to withholding. The estimated payments ensure that you have paid your proper amount of tax throughout the year. Estimated payments are made using Form 1040ES, Estimated Tax for Individuals. Forms are filed quarterly: April 15th, June 15th, September 15th, and January 15th. There is a penalty for failure to make estimated tax payments.

Foreign Citizens without Green Cards

If you are a foreign citizen working in the U.S. for foreign governments and international organizations, you are generally exempt from U.S. income tax and self-employment tax on compensation. Exemptions can be found in section 893 of the Internal Revenue Code, tax treaties, consular agreements, or international agreements. You should check with your embassies and/or your tax preparers to find out if any exemptions apply.

Hi JohnR,

That is great news. Do you in any case have some documents or legal stuff stating this as well? Because I simply worry because other forums states "NO, you cannot work for anyone AT ALL" and other's say "YES, for sure you can"

Thanks!

Edited January 22, 2015 by JohnR!

[Boiler 45,519]

You could ask 6 lawyers and get 6 answers.

Theoretically the major issue is for the Employer but they are not in the US. Illegal work is forgiven when adjusting through marriage.

[CowBoE 429]

Employment vs. running a business can be different,

but I know of couple of people who continued to run their small business

in their home country while they were in US and going through the GC processing.

I'm no immigration expert, but just thinking out logically here...

I can see US government imposing No Work...until Work Permit or GC in US

because the candidate's eligibility needs to be validated and registered first.

To me this makes clear sense.

But I don't see why US government would be motivated to stop the foreign company work,

especially if they are lucky enough to continue the work even after moving to US.

After all, more financially capable new immigrants can only lower the risk of becoming a public charge.

Just my 2 cents...don't take that as your entitlement.

Some laws don't have to be logical or make sense but we have to comply.