"Working at home" in USA for foreign-sourced income

[Villanelle 4,122]

As for attnys to speak to about the issue- its going to be the same mixed bag. Some will say you can, some will say you cant, and some will just tell you the truth which is the laws are unclear so they cant advise you either way but will support you (for a fee) by taking on your case and addressing the issue if it comes up (which it never does).

[pulp 0]

  On 9/2/2017 at 6:57 PM, Damara said:

As for attnys to speak to about the issue- its going to be the same mixed bag. Some will say you can, some will say you cant, and some will just tell you the truth which is the laws are unclear so they cant advise you either way but will support you (for a fee) by taking on your case and addressing the issue if it comes up (which it never does).

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Awesome, thank you Damara!

[pulp 0]

Yes my wife is a USC. So that means Im ok then? Is there a place where I can view the laws that relate to this and remote working?

Edited September 2, 2017 by pulp

[geowrian 22,338]

  On 9/2/2017 at 10:49 PM, pulp said:

Btw is there a place where I can view the laws that relate to this?

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https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume7-PartB-Chapter6.html

https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-11261/0-0-0-28757/0-0-0-28770.html#0-0-0-18289

That said, it only refers to work performed within the US...it does not explicitly state that it only applies to employers within the US (which, if I understand the underlying legal arguments properly, is the crux of the issue). USCIS cannot control what non-US employers do or who is authorized to work for them, but does that mean they can't say what a US-based alien can or cannot do? So while the above is a bit of reference, legal experts have looked at this and reached opposing conclusions.

[pulp 0]

  On 9/2/2017 at 10:59 PM, geowrian said:

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume7-PartB-Chapter6.html

https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-11261/0-0-0-28757/0-0-0-28770.html#0-0-0-18289

That said, it only refers to work performed within the US...it does not explicitly state that it only applies to employers within the US (which, if I understand the underlying legal arguments properly, is the crux of the issue). USCIS cannot control what non-US employers do or who is authorized to work for them, but does that mean they can't say what a US-based alien can or cannot do? So while the above is a bit of reference, legal experts have looked at this and reached opposing conclusions.

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Thank you Geowrian! And where is the extra bit of into about the fact if my wife is a USC then unauthorized work is forgiven for you when adjusting?

Is this unofficial but commonly held?

 

[geowrian 22,338]

  On 9/2/2017 at 11:13 PM, pulp said:

Thank you Geowrian! And where is the extra bit of into about the fact if my wife is a USC then unauthorized work is forgiven for you when adjusting?

Is this unofficial but commonly held?

 

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Same links:

As previously discussed, the INA 245(c)(2) and INA 245(c)(8) bars to adjustment do not apply to: ^[4]

 

•Immediate relatives;

 

•Violence Against Women Act (VAWA)-based applicants;

 

•Certain physicians and their accompanying spouse and children; ^[5]

 

•Certain G-4 international organization employees, NATO-6 employees, and their family members; ^[6]

 

•Special immigrant juveniles; ^[7] or

 

•Certain members of the U.S. armed forces and their accompanying spouse and children. ^[8]

Edited September 2, 2017 by geowrian

[bunkx 25]

  On 9/2/2017 at 6:03 PM, pulp said:

Hi guys, new to this forum but similar type question. And F for frustrating is again the word! So here's my story. I entered on a VISA Waiver from the UK and married a US spouse. I applied for change of status and my I-765 (EAD). I have been waiting 165 days and counting for this EAD. Then I found it had been tracked and delivered but I did not receive it. This means I have to reapply and wait at least another 90 days for my EAD. Which means being unemployed for almost 9 months.

 

I have a wife and 3 year old child and I can not afford to not work for another 3 months. My question is two-fold.

 

- Is there a way I could get USCIS to give me a letter or something that says I am authorised for employment, and my card is being reissued? So that I can work here.

 

- And if I can't do that. Can I work remotely for a UK company? As I said before, I am a UK citizen and was considering setting up my own company (becoming self-employed) so that I could do some freelance.

 

Would this be legal? Would you advise it? Or do you advise something else?

 

It can not be right that through no fault of my own I am not able to work here for 9 months, surely?

 

Thanks a lot for your help, I really appreciate it!

 

 

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Working remotely for a UK company and getting paid in the UK with your pay being deposited into your UK bank account is absolutely legal. You're allowed to do this on an ESTA as well. Otherwise, you wouldn't even be allowed to respond to work emails from home while visiting the US, that'd be ridiculous now wouldn't it?

 

So, yes you can. Working remotely means you're working in the UK. Where you are physically has nothing to do with it. You're just not allowed to be employed in the United States and being paid here. 

 

As for the EAD, sorry to hear that... Did you try calling USCIS or maybe scheduling an InfoPass session? Perhaps you can expedite it since it's just a replacement card and not an initial application. I don't want to give you false hopes, I honestly don't know if that's possible but it might be worth looking into!

 

Cheers

[Boiler 46,770]

  On 9/7/2017 at 4:53 AM, bunkx said:

Working remotely for a UK company and getting paid in the UK with your pay being deposited into your UK bank account is absolutely legal. You're allowed to do this on an ESTA as well. Otherwise, you wouldn't even be allowed to respond to work emails from home while visiting the US, that'd be ridiculous now wouldn't it?

 

So, yes you can. Working remotely means you're working in the UK. Where you are physically has nothing to do with it. You're just not allowed to be employed in the United States and being paid here. 

 

As for the EAD, sorry to hear that... Did you try calling USCIS or maybe scheduling an InfoPass session? Perhaps you can expedite it since it's just a replacement card and not an initial application. I don't want to give you false hopes, I honestly don't know if that's possible but it might be worth looking into!

 

Cheers

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Untrue

[bunkx 25]

  On 9/7/2017 at 6:31 AM, Boiler said:

Untrue

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How is that untrue? Care to explain?

[az2014 381]

  On 9/7/2017 at 4:53 AM, bunkx said:

Working remotely for a UK company and getting paid in the UK with your pay being deposited into your UK bank account is absolutely legal. You're allowed to do this on an ESTA as well. Otherwise, you wouldn't even be allowed to respond to work emails from home while visiting the US, that'd be ridiculous now wouldn't it?

 

So, yes you can. Working remotely means you're working in the UK. Where you are physically has nothing to do with it. You're just not allowed to be employed in the United States and being paid here. 

 

As for the EAD, sorry to hear that... Did you try calling USCIS or maybe scheduling an InfoPass session? Perhaps you can expedite it since it's just a replacement card and not an initial application. I don't want to give you false hopes, I honestly don't know if that's possible but it might be worth looking into!

 

Cheers

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This is 100% wrong.

 

If you have no idea about a subject it is best not to give advice.

[geowrian 22,338]

  On 9/7/2017 at 6:32 AM, bunkx said:

How is that untrue? Care to explain?

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Read the above posts in the thread.

[pulp 0]

  On 9/2/2017 at 11:14 PM, geowrian said:

Same links:

As previously discussed, the INA 245(c)(2) and INA 245(c)(8) bars to adjustment do not apply to: ^[4]

 

•Immediate relatives;

 

•Violence Against Women Act (VAWA)-based applicants;

 

•Certain physicians and their accompanying spouse and children; ^[5]

 

•Certain G-4 international organization employees, NATO-6 employees, and their family members; ^[6]

 

•Special immigrant juveniles; ^[7] or

 

•Certain members of the U.S. armed forces and their accompanying spouse and children. ^[8]

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Ok thanks. Didnt quite understand the bit mentioned in the INA 245 form you sent me but I inderstand the stuff you wrote below.

So long story short, if I married a US citizen, I should be fine, correct?

 

 

[geowrian 22,338]

  On 9/7/2017 at 3:50 PM, pulp said:

Ok thanks. Didnt quite understand the bit mentioned in the INA 245 form you sent me but I inderstand the stuff you wrote below.

So long story short, if I married a US citizen, I should be fine, correct?

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I personally won't encourage or discourage it (sorry for the non-answer). If you believe it is not permitted, having it ignored for AOS purposes doesn't make it okay IMHO. If you believe it is permitted, then there's no issue. But if you're asking if it will be an issue for AOS itself, it won't.

[bunkx 25]

  On 9/7/2017 at 11:59 AM, az2014 said:

This is 100% wrong.

 

If you have no idea about a subject it is best not to give advice.

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y'all have no idea what you're talking about and giving this person false advice. point me to the law that says you are not allowed to work remotely from the United States.

[Boiler 46,770]

  On 9/7/2017 at 10:11 PM, bunkx said:

y'all have no idea what you're talking about and giving this person false advice. point me to the law that says you are not allowed to work remotely from the United States.

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That would depend on the basis you were admitted, my answer is based on someone having entered as a tourist.