Legalities of working

[DrJekl 0]

My fiancee will be moving from China to the US in the next couple of months.

She is considering working for a company in China after she comes to the US.

Are there any legalities we need to consider for this?

I think the income will need to reported to the IRS, but what else should I know in this situation?

Can she work for a foreign company before AOS/Green card?

[baron555 934]

My fiancee will be moving from China to the US in the next couple of months.

She is considering working for a company in China after she comes to the US.

Are there any legalities we need to consider for this? Yes, she can not work until she has either the EAD or GC. Period.

I think the income will need to reported to the IRS, but what else should I know in this situation? All income, except for very small amounts, needs to be reported to the IRS. And federal and state taxes paid.

Can she work for a foreign company before AOS/Green card? No

[Arrow 25]

Until your fiancee receive the EAD/GC she cannot work.

[RobertM54 36]

My fiancee will be moving from China to the US in the next couple of months.

She is considering working for a company in China after she comes to the US.

Are there any legalities we need to consider for this?

I think the income will need to reported to the IRS, but what else should I know in this situation?

Can she work for a foreign company before AOS/Green card?

I'm not sure if working remotely for a company in China is an immigration issue as long as it is genuine remote work and the job is not a US based job for a US employer. So, if the Chinese company has no business presence in the USA, then it may be possible - consult qualified legal assistance.

I work my stateside job all of the time when I travel. I do not get work permits for each country I visit nor could I because my employer does not have an overseas presence.

Consider the large number of VWP visitors to the USA. None of them work remotely on their home jobs? Are all of the ones who do in violation?

I know this is not complete but this is very oriented to US based employers

https://www.uscis.gov/working-united-states/working-us

Information for Employers & Employees

Employers must verify that an individual whom they plan to employ or continue to employ in the United States is authorized to accept employment in the United States. Individuals, such as those who have been admitted as permanent residents, granted asylum or refugee status, or admitted in work-related nonimmigrant classifications, may have employment authorization as a direct result of their immigration status. Other aliens may need to apply individually for employment authorization.

[Transborderwife 4,666]

Until your fiancee receive the EAD/GC she cannot work.

It's a grey area working remotely

[DrJekl 0]

I'm not sure if working remotely for a company in China is an immigration issue as long as it is genuine remote work and the job is not a US based job for a US employer. So, if the Chinese company has no business presence in the USA, then it may be possible - consult qualified legal assistance.

I work my stateside job all of the time when I travel. I do not get work permits for each country I visit nor could I because my employer does not have an overseas presence.

Consider the large number of VWP visitors to the USA. None of them work remotely on their home jobs? Are all of the ones who do in violation?

I know this is not complete but this is very oriented to US based employers

https://www.uscis.gov/working-united-states/working-us

Information for Employers & Employees

Employers must verify that an individual whom they plan to employ or continue to employ in the United States is authorized to accept employment in the United States. Individuals, such as those who have been admitted as permanent residents, granted asylum or refugee status, or admitted in work-related nonimmigrant classifications, may have employment authorization as a direct result of their immigration status. Other aliens may need to apply individually for employment authorization.

I believe the company has NO presence in the US, it would be a completely remote job.

[Pitaya 2,577]

~Moved from K1 Process to Working and Traveling During US Immigration Forum~

~Similar topics are often discussed at this forum~

[baron555 934]

I believe the company has NO presence in the US, it would be a completely remote job.

This has been discussed. It is still considered working in the US and one can not until you have the EAD or GC.

[RobertM54 36]

This 2013 thread seems to be on point.

http://www.visajourney.com/forums/topic/408344-working-for-a-british-company-while-living-in-the-states/

Is there more recent definitive information from USCIS?

This 2013 blog post where two attorneys argue that is mentioned in this thread.

http://blogs.ilw.com/entry.php?48-Immigration-Lawyers-Arguing

Since I have the reverse situation and my point is almost every professional who travels to USA will be in a similar situation, I argue it is not a violation.

[RobertM54 36]

Whoops. Looks like I missed the time to edit the prior.

This is the conclusion of the 2013 thread.

"My future hubby has called USCIS with this question, and we have been told that as long as we file our taxes at the end of the year, I am ok to work remotely, for a British based company."

Edited February 4, 2016 by RobertM54

[Loki_Go 126]

I am working remotely for my Canadian company. I came over on a K1 and am doing the AOS now. I do not have my AP/EAD yet. I missed a total of 2 working days when I moved here.

I'm not sure why some people here are adamant about not working remotely. Yes, it's considered a grey area and a risk, but has anyone heard of anyone getting deported or whatever from it or are you just repeating what you've read and making assumptions? I consulted 2 independent lawyers and my company's lawyers and they all agree it's still a grey area; until there's some sort of definitive ruling on whether or not this is legal there haven't been any documented repercussions of anyone working remotely. People have done it, I'm doing it. In fact, it's been documented here that working illegally is often forgiven through the marriage process anyway.

I am not taking an AMERICAN job. I will file my taxes in both US and Canada (and get stung by it)

More and more jobs are moving to work-from-home and it looks like USCIS has not quite caught up with that yet.

Edited February 4, 2016 by Loki_Go

[Loki_Go 126]

OP, If you're seriously considering doing this talk to a lawyer. Find out if your situation will work for you; it just might. For me, my financial info in Canada didn't change and I keep the same physical address there. I changed my name here in the US but kept my maiden name there. My company is international but has NO US presence. I'm sure there's other things I've forgotten but if you look through my posts I've often repeated this... so yes, it's entirely possible.

I understand it's hard not working for months and it's tempting to tell others it's not possible but I say if you have the opportunity- do it.

[Ms Hogan 295]

I am working remotely for my Canadian company. I came over on a K1 and am doing the AOS now. I do not have my AP/EAD yet. I missed a total of 2 working days when I moved here.

I'm not sure why some people here are adamant about not working remotely. Yes, it's considered a grey area and a risk, but has anyone heard of anyone getting deported or whatever from it or are you just repeating what you've read and making assumptions? I consulted 2 independent lawyers and my company's lawyers and they all agree it's still a grey area; until there's some sort of definitive ruling on whether or not this is legal there haven't been any documented repercussions of anyone working remotely. People have done it, I'm doing it. In fact, it's been documented here that working illegally is often forgiven through the marriage process anyway.

I am not taking an AMERICAN job. I will file my taxes in both US and Canada (and get stung by it)

More and more jobs are moving to work-from-home and it looks like USCIS has not quite caught up with that yet.

Just not supposed to work without authorization. I was even told at one point that I could not work for my Canadian company while visiting my husband before I moved here.

[Boiler 45,938]

More a tax issue, no I9 required.

PS K1 visa is work authorised, EAD is evidence bit she does not need one.

Edited February 5, 2016 by Boiler

[Loki_Go 126]

Just not supposed to work without authorization. I was even told at one point that I could not work for my Canadian company while visiting my husband before I moved here.

Working while visiting seems to be an entirely different issue. I don't know the rules on that one. "Just not supposed to work without authorization" is too general of a comment and just going on that on face value, is not true.

Edited February 5, 2016 by Loki_Go