Legalities of working

[DrJekl 0]

Hay yall, OP here - I'm glad this is a lively topic - I'm still not sure of the answer, but the discussion is great.

I did find one official link that might help, I'd like your thoughts on it. Please look at the second table, next to the K-1 Entry, it says allowed to work, but I don't know if that's only during the 90-day period or also during the wait time for AOS.

And there are other entries that sort of contradict this one, like the spouse entry, not allowed.

https://secure.ssa.gov/apps10/poms.nsf/lnx/0110211530

[Loki_Go 126]

ok friend. you do as you wish as i said before.

it has no reference to k1 because k1 isnt one of the exceptions to the us source income rule.

this grey area you want to believe in doesnt exist. but whatever floats your boat. as you said, one can google whatever they want and then start believing it.

Did you read the VJ thread that Ontarkie posted above?

I have no US income. All my CDN income from my CDN employer is deposited in my CDN bank. It even says in the article that you posted if those conditions are met it is indeed a grey area.

I didn't google any of this- I asked 2 independent lawyers as well as the lawyers from my CDN company.

[Loki_Go 126]

Hay yall, OP here - I'm glad this is a lively topic - I'm still not sure of the answer, but the discussion is great.

I did find one official link that might help, I'd like your thoughts on it. Please look at the second table, next to the K-1 Entry, it says allowed to work, but I don't know if that's only during the 90-day period or also during the wait time for AOS.

And there are other entries that sort of contradict this one, like the spouse entry, not allowed.

https://secure.ssa.gov/apps10/poms.nsf/lnx/0110211530

It has a "N" next to the k1 entry which means a k1 visa holder can't work for a US based company. The idea is someone without employment permission cannot take a job from a legal resident of the US.

[DrJekl 0]

It has a "N" next to the k1 entry which means a k1 visa holder can't work for a US based company. The idea is someone without employment permission cannot take a job from a legal resident of the US.

Number 8. here leads me to believe you might be mistaken - "no authorization is required."

And why would so many columns be "Legal alien not allowed to work" = N - if that column is a simple yes no, that whole table is really confusing.

Edited February 5, 2016 by DrJekl

[Loki_Go 126]

Well, you're linking from the social security card site and not an immigration forum, so all that pertains to SS cards.

What do you mean by Number 8?

Edited February 5, 2016 by Loki_Go

[DrJekl 0]

Well, you're linking from the social security card site and not an immigration forum, so all that pertains to SS cards.

What do you mean by Number 8?

Looks like my link was removed

Number 8 here: https://secure.ssa.gov/poms.nsf/lnx/0110205185 indicates the column on the first link (above) is more than just a yes/no permitted to work.

to me, a government site (ss or something else) is more reliable than a discussion forum for if something is legally permitted.

I still don't have an answer to the question other than, yes, no, and it's a gray area

[Loki_Go 126]

Oh, no, I meant you're linking to the goverment's SS site rather than a goverment's immigration site, that's all. As you can see it's a complex topic not likely to be covered by reading about how to apply for a SS card.

My SS card states I can work with DHS authorization... of which I do not have yet.

http://www.onetip.net/wp-content/uploads/2009/09/ssc-usa.jpg

[Boiler 45,938]

to me, a government site (ss or something else) is more reliable than a discussion forum for if something is legally permitted.

The Government are allowed to lie to you, the Supreme Court have said so, I can think of many examples where information provided is at best misleading.

You have no expectation to rely on anything the Gov tell you.

[DrJekl 0]

The Government are allowed to lie to you, the Supreme Court have said so, I can think of many examples where information provided is at best misleading.

You have no expectation to rely on anything the Gov tell you.

At least it would be some legal defense that a reasonable person would understand we're not trying to willfully break any laws or regulations - anyway that's why I'm searching for an answer.

[Boiler 45,938]

At least it would be some legal defense that a reasonable person would understand we're not trying to willfully break any laws or regulations - anyway that's why I'm searching for an answer.

Nope, that was the case.

If you need guidance speak to a Lawyer, also expect a get out clause.

[Loki_Go 126]

At least it would be some legal defense that a reasonable person would understand we're not trying to willfully break any laws or regulations - anyway that's why I'm searching for an answer.

If you want to mount a legal defense there's a link at the bottom of this thread for VJ lawyers, or otherwise you'll need to consult lawyers around you.

[DrJekl 0]

If you want to mount a legal defense there's a link at the bottom of this thread for VJ lawyers, or otherwise you'll need to consult lawyers around you.

Don't need that! Just trying to decide if it's safe to work is all.

In my original post I mentioned my fiancee is still about 2 months from moving to the US.

Thanks for all the great discussion, if someone finds a definitive answer, it'd be welcomed.

Otherwise I will likely ask a lawyer.

[newacct 688]

It's unclear. 8 CFR 214.2(k)(9) says:

(9) Employment authorization. An alien admitted to the United States as a nonimmigrant under section 101(a)(15)(K) of the Act shall be authorized to work incident to status for the period of authorized stay. K-1/K-2 aliens seeking work authorization must apply, with fee, to the Service for work authorization pursuant to § 274a.12(a)(6) of this chapter. K-3/K-4 aliens must apply to the Service for a document evidencing employment authorization pursuant to § 274a.12(a)(9) of this chapter. Employment authorization documents issued to K-3/K-4 aliens may be renewed only upon a showing that the applicant has an application or petition awaiting approval, equivalent to the showing required for an extension of stay pursuant to § 214.2(k)(10).

It says K nonimmigrants are "authorized to work incident to status" for the 90 days of authorized stay, which seems to indicate it is not illegal for them to work during that period regardless. It also says that if they "seek" "work authorization", they must apply. It's not clear whether this "work authorization" in the second sentence means work authorization for the purposes of fulfilling I-9 (an EAD) or ability to legally work in general.

[Loki_Go 126]

Don't need that! Just trying to decide if it's safe to work is all.

In my original post I mentioned my fiancee is still about 2 months from moving to the US.

Thanks for all the great discussion, if someone finds a definitive answer, it'd be welcomed.

Otherwise I will likely ask a lawyer.

There is no definitive answer so I think consulting a lawyer is best for you.

[Villanelle 4,122]

Don't need that! Just trying to decide if it's safe to work is all.

In my original post I mentioned my fiancee is still about 2 months from moving to the US.

Thanks for all the great discussion, if someone finds a definitive answer, it'd be welcomed.

Otherwise I will likely ask a lawyer.

I agree with Loki. It is a grey area. There has not been any definitive ruling on the issue hence grey area. It is also true that there haven't been any documented repercussions of anyone working remotely. This doesnt meant that there wont be in the future though. With the way things are currently no one seems to be interested in the issue. When will that change? Who knows!

If the income is important to you and/or the job wont wait you need to decide if its worth it. Theres a slim chance things can change overnight and you can get caught in a mess. Slim chance but a chance none the less.

You are not going to find a lawyer who will definitely state its allowed nor will you find one who states its not. USCIS is kind of the same way. They wont say you can and they wont say you can not. (in writing)