UK LTD Company / AOS

[K1queennew 0]

Hi all - wondered if anyone could help. I am currently setup with a Ltd Company in the UK, which I use to contract through for a large International Company. I use the Ltd company to invoice the company I contract for, and payment is received into the Ltd Co bank account. Therefore I am not directly paid, or on payroll.

With regards to the AOS process, I understand you cant work in the US until you have been granted a work permit. However, would keeping your Ltd company "trading" in the UK be legal? It would mean that I was logging in remotely and responding to emails etc, invoicing through the Ltd company, however as I said I would not be on the payroll directly. Just for clarification, there is one other Director on the company books in addition to myself.

Any guidance would be greatly appreciated, many thanks

[Boiler 46,103]

K1 is work authorised, but you will not have evidence without EAD

But you do not need evidence.

[K1queennew 0]

K1 is work authorised, but you will not have evidence without EAD

But you do not need evidence.

Thank you boiler. If you have time, could you expand on your response, I don't understand what you mean. Thank you

[baron555 934]

May a foreign national without work-authorized visa status to work remotely from a home located in the United States for an employer located abroad? This question lies squarely at the intersection of immigration & tax law, and the short answer is no, except for nonimmigrants in the F-1 (Academic Students), J-1 (Exchange Visitors) & Q (Cultural Exchange Participants) visa categories.

For the individual, the foremost reason why not is spelled out in Chapter 3 of IRS Publication 519, US Tax Guide for Aliens. Any income from services performed for a foreign employer by someone present in the United States is deemed “US source income” unless that income meets ALL THREE of the following conditions:

1. total annual earnings from such services is less than $3,000;
2. the nonresident alien is physically present in the United States for not more than 90 days in the year;
3. the services are performed under contract with a nonresident alien individual, foreign partnership or foreign corporation.

[Boiler 46,103]

OP will be work authorised, IRS only care about getting their cut.

My guess is that tax situation will be complicated.

[K1queennew 0]

May a foreign national without work-authorized visa status to work remotely from a home located in the United States for an employer located abroad? This question lies squarely at the intersection of immigration & tax law, and the short answer is no, except for nonimmigrants in the F-1 (Academic Students), J-1 (Exchange Visitors) & Q (Cultural Exchange Participants) visa categories.

For the individual, the foremost reason why not is spelled out in Chapter 3 of IRS Publication 519, US Tax Guide for Aliens. Any income from services performed for a foreign employer by someone present in the United States is deemed “US source income” unless that income meets ALL THREE of the following conditions:

1. total annual earnings from such services is less than $3,000;
2. the nonresident alien is physically present in the United States for not more than 90 days in the year;
3. the services are performed under contract with a nonresident alien individual, foreign partnership or foreign corporation.

thank you! this is very helpful.

[Nich-Nick 3,354]

May a foreign national without work-authorized visa status to work remotely from a home located in the United States for an employer located abroad? This question lies squarely at the intersection of immigration & tax law, and the short answer is no, except for nonimmigrants in the F-1 (Academic Students), J-1 (Exchange Visitors) & Q (Cultural Exchange Participants) visa categories.

For the individual, the foremost reason why not is spelled out in Chapter 3 of IRS Publication 519, US Tax Guide for Aliens. Any income from services performed for a foreign employer by someone present in the United States is deemed US source income unless that income meets ALL THREE of the following conditions:

• total annual earnings from such services is less than $3,000;
• the nonresident alien is physically present in the United States for not more than 90 days in the year;
• the services are performed under contract with a nonresident alien individual, foreign partnership or foreign corporation.

What is the source of this whole passage....USCIS? IRS?

[baron555 934]

What is the source of this whole passage....USCIS? IRS?

It came from an Immigration website......the key take-away is to examine IRS Pub 519

[Boiler 46,103]

OP did not ask about tax issues.

[Pitaya 2,577]

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