Working from the US on a contract from home country while waiting for EAD

[disobedientavocad 6]

Hey guys,

Has any of you heard of cases where the beneficiary was working from home in the US while waiting on the EAD with a work contract from their home country? This basically means they are still part of their organization back home and on their payroll. Is this legal/doable?

Any insights into this would be super helpful!
Thanks!

[doggieandsam 765]

26 minutes ago, disobedientavocad said:

Hey guys,

Has any of you heard of cases where the beneficiary was working from home in the US while waiting on the EAD with a work contract from their home country? This basically means they are still part of their organization back home and on their payroll. Is this legal/doable?

Any insights into this would be super helpful!
Thanks!

Thanks for asking this. I would also be interested to know the answer!

[A'n'L 735]

Yes, this is asked about frequently. Some will say it's a grey area, but - according to current legislation it is fine as long as no US employer is involved. That means you cannot be self-employed/function as an individual contractor, but must be formally employed by the foreign company.

[Skatie2k17 36]

2 minutes ago, A'n'L said:

Yes, this is asked about frequently. Some will say it's a grey area, but - according to current legislation it is fine as long as no US employer is involved. That means you cannot be self-employed/function as an individual contractor, but must be formally employed by the foreign company.

Source? I've been told it's either a grey area, or straight up illegal.

[Boiler 45,576]

It is a grey area, the main thing is that no I9 is required as it would be for being employed in the US, may be a mess from a tax etc point of view, definitely discuss first with your Accountant.

[A'n'L 735]

3 minutes ago, Skatie2k17 said:

Source? I've been told it's either a grey area, or straight up illegal.

US employment law. You can also see my previous replies to similar posts.

[Boiler 45,576]

Just now, A'n'L said:

US employment law. You can also see my previous replies to similar posts.

This is an Immigration question

[glmg21 330]

Hello all, I asked this question a while back. Got some really good advice, and the insight is below.  I decided that in the end, for me it's not going to be worth it. Even if you make the money legitimately, it's going to end up on your taxes, possibly in two countries. I didn't really want to risk having to explain where that money came from on my tax returns, at a time I was supposedly in the States without an EAD, whether or not it was legal.

 

We all work very hard to make living in the States possible through this process, so it is up to you to decide whether you want to do it or not. As others have pointed out it is a grey area, with pros and cons, but you must decide whether or not it is worth your time to do it.

 

 

[A'n'L 735]

9 minutes ago, Boiler said:

This is an Immigration question

Nope, it's not. Not for the immigrant anyways. 

 

[disobedientavocad 6]

1 minute ago, glmg21 said:

Hello all, I asked this question a while back. Got some really good advice, and the insight is below.  I decided that in the end, for me it's not going to be worth it. Even if you make the money legitimately, it's going to end up on your taxes, possibly in two countries. I didn't really want to risk having to explain where that money came from on my tax returns, at a time I was supposedly in the States without an EAD, whether or not it was legal.

 

We all work very hard to make living in the States possible through this process, so it is up to you to decide whether you want to do it or not. As others have pointed out it is a grey area, with pros and cons, but you must decide whether or not it is worth your time to do it.

Cool, thank you! Do you mind giving super short summary as to why is it a gray area? Also, why would it appear in my taxes in the US? (sorry if this is a stupid question, im horrible at anything related to taxes/accounting). 

 

 

[glmg21 330]

1 minute ago, disobedientavocad said:

Cool, thank you! Do you mind giving super short summary as to why is it a gray area? Also, why would it appear in my taxes in the US? (sorry if this is a stupid question, im horrible at anything related to taxes/accounting). 

No problem. From what people explained to me, the grey area is that ultimately you're working in the United States, at a time during which your known visa status and lack of EAD says you shouldn't be. It's a grey area because although it is perfectly legal to be employed by your company and go and conduct some work from a vacation apartment in another country for bit, it's a totally different story when you've knowingly come to the country on an immigrant visa that says you can't work without an EAD.

 

As for taxes, you will have to declare all foreign-earned income on your US tax return. And, as a result, under this arrangement it would be money earned in your home country - so you'd likely have to declare income there too.

 

Hope this helps.

[Boiler 45,576]

K1 is work authorised but has no  evidence of that without EAD, needs it for the I9 but otherwise is the grey area.

[A'n'L 735]

2 hours ago, Boiler said:

K1 is work authorised but has no  evidence of that without EAD, needs it for the I9 but otherwise is the grey area.

You only need US work authorization to work for a US employer.

[Boiler 45,576]

28 minutes ago, A'n'L said:

You only need US work authorization to work for a US employer.

Ohhhh

 

Does not work that way.

[Ryan H 3,812]

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