EAD while employed by foreign company?

[Peot 161]

7 minutes ago, Marzena & Stephen said:

Even nhl hockey players get work visas to play hockey in usa if they belong to a canadian employer. 😉

Probably not a great example since they get a "very" quick P-1 visa, and it encompasses part-time study, entertainment events, public appearances, engagements, photo ops, commercials, and is only available to athletes of a certain higher ability. Has nothing similar with someone working on a server from Canada on a non-immigrant K-1.

[caliliving 606]

31 minutes ago, Marzena & Stephen said:

Even nhl hockey players get work visas to play hockey in usa if they belong to a canadian employer. 😉

That makes no sense...a  Canadian hockey player that plays for a usa team obviously is living/playing and getting PAID in the USA and needs a work permit.

When the Ottawa senators play the la kings do they need a work permit to play in America? No they don't, because they are getting PAID by a Canadian team 

[Marzena & Stephen 544]

19 minutes ago, caliliving said:

That makes no sense...a  Canadian hockey player that plays for a usa team obviously is living/playing and getting PAID in the USA and needs a work permit.

When the Ottawa senators play the la kings do they need a work permit to play in America? No they don't, because they are getting PAID by a Canadian team 

I never said working for a usa team..  a canadian hockey player working under a canadian nhl team playing against a usa team in the usa getting paid by a canadian employer does get a usa permit ..a diff kind but my point its a  short term and they have one.     In regards to people who venture into usa on business they say they are there for business even if its all online and or meetings... but someone who is entering for other purposes or longer than a few weeks or for pleasure and is caught working can turn messy.. this is one of the reasons business/pleasure is on the customs questionnaire when entering usa. You are allowed to perform some duties such as signing contracts/writing emails etc but only for limited time and only if you arrived for for busines.      Anyways im done talking about this lol...     but i would not risk this if you plan on staying in the usa forever. Take care. 

[Peot 161]

16 hours ago, Marzena & Stephen said:

I never said working for a usa team..  a canadian hockey player working under a canadian nhl team playing against a usa team in the usa getting paid by a canadian employer does get a usa permit ..a diff kind but my point its a  short term and they have one.     In regards to people who venture into usa on business they say they are there for business even if its all online and or meetings... but someone who is entering for other purposes or longer than a few weeks or for pleasure and is caught working can turn messy.. this is one of the reasons business/pleasure is on the customs questionnaire when entering usa. You are allowed to perform some duties such as signing contracts/writing emails etc but only for limited time and only if you arrived for for busines.      Anyways im done talking about this lol...     but i would not risk this if you plan on staying in the usa forever. Take care. 

I agree with you that someone entering the US, even for a short term, must get a work permit if they are working for an American company, or in USD, with the intent of conducting business that would affect Americans.

 

But your example is not even close! An NHL player's job is hockey. They literally enter the United States for the purpose of performing that job. Their place of business is located in the United States in a publicly accessible forum. This may come as a surprise to you, but they are even paid in USD!! The P-1 visa also allows them to perform all other jobs associated with being an entertainer and athlete in the United States, which they ARE paid for. These include appearances on American news networks, and promo for American products and services as well as public appearances, etc, etc, etc. All of which is legit business conducted in the United States.

 

It's a "tiny" bit different from someone working in their living room, on Canadian servers, for a Canadian company, paid out in Canadian dollars, to a Canadian bank account with absolutely no American interaction or business intention or, American jobs affected.

 

What would a person do with the American work permit? Send it to the Canadian employer?? They don't follow American law and it might as well be used to line a bird cage to them.

Might as well frame it and put it on the wall? 

 

Either way, you have to do file American taxes. But you don't need a permit for pay you still receive in Canada.

 

What if person has rental property in Canada? Their income will still continue from those rentals even if they travel to the US on a visa... do they need a work permit for those properties paying them rental income in Canada?? That wouldn't make sense either.

[kvist321 0]

Hello Peot!

Do you have an update to this? I'm in a similar situation.

I've started the K-1 process and would like to keep working for my Swedish employer remotely from the US once I move there, at least during the first few months while settling down.

 

 

[Peot 161]

3 hours ago, kvist321 said:

Hello Peot!

Do you have an update to this? I'm in a similar situation.

I've started the K-1 process and would like to keep working for my Swedish employer remotely from the US once I move there, at least during the first few months while settling down.

 

 

This is really a non-issue. There's nothing to update about this. An EAD is not required by a foreign company. They cannot and will not accept it, even if you got one!

 

If you are hired by the US branch of that same company however, even working from home, an EAD IS required. All American companies are required by law to obtain a work permit from the employees who are not permanent residents.

 

As to the funds being in foreign dollars or transferring funds to a US bank account, that has much more to taxation reporting than it does to being allowed to work. When you enter the US, from that point onward you are required to submit an American tax return (which can include foreign made income), so that won't be an issue either as long as you report your income properly. 

[SusieQQQ 11,586]

25 minutes ago, Peot said:

This is really a non-issue. There's nothing to update about this. An EAD is not required by a foreign company. They cannot and will not accept it, even if you got one!

 

If you are hired by the US branch of that same company however, even working from home, an EAD IS required. All American companies are required by law to obtain a work permit from the employees who are not permanent residents.

 

As to the funds being in foreign dollars or transferring funds to a US bank account, that has much more to taxation reporting than it does to being allowed to work. When you enter the US, from that point onward you are required to submit an American tax return (which can include foreign made income), so that won't be an issue either as long as you report your income properly. 

Is there a difference between K1 and H4 on this basis? A friend of mine on H4 was also working online for a company outside the US, filing taxes on the income so no worries about that, and they hit problems doing AOS because even though the company was outside the US, because she was physically in the US uscis deemed her to be working without authorization in the US and therefore to be in violation of status. They did their AOS eventually but had to do some fancy footwork in the process. 

[Peot 161]

22 minutes ago, SusieQQQ said:

Is there a difference between K1 and H4 on this basis? A friend of mine on H4 was also working online for a company outside the US, filing taxes on the income so no worries about that, and they hit problems doing AOS because even though the company was outside the US, because she was physically in the US uscis deemed her to be working without authorization in the US and therefore to be in violation of status. They did their AOS eventually but had to do some fancy footwork in the process. 

H4 visa holders CANNOT undertake any employment without USCIS permission (and a change of status to nonimmigrant category that DOES permit employment). I'm sure that's more the reason for their violation.

As of a couple years ago, they have changed it for some H4 holders to work, and can now get an EAD, but you still have to apply for it. In the past, this wasn't even a possibility for H4 holders.

 

EDIT: What I believe this means, in simple terms, is that since a foreign company cannot get an EAD, an H4 holder could not get approval from USCIS to work remotely from that foreign company... therefore they should not be working and earning income. Seeing this would be a no-no as it looks like visa type evasion. 

Edited August 15, 2017 by Peot

[SusieQQQ 11,586]

Ok, I still can't quite see what the difference is when as far as I understand both K1 and H4 can't work without an EAD so i don't see why it's ok for one but not the other to do so. Her 'violation' by the way was fairly recent, not from before H4 were allowed EADs. From what I understand she 'reset' her status, got an EAD to work, and then they proceeded with AOS.

....admittedly I never had any kind of AOS process myself so I never had to apply for an EAD, clearly there are more nuances than one would expect.

Edited August 15, 2017 by SusieQQQ

[Boiler 45,500]

3 minutes ago, SusieQQQ said:

Ok, I still can't quite see what the difference is when as far as I understand both K1 and H4 can't work without an EAD so i don't see why it's ok for one but not the other to do so,

....admittedly I never had any kind of AOS process myself so I never had to apply for an EAD, clearly there are more nuances than one would expect.

K1 is work authorised but has no evidence.

 

Used to be you could get a stamp in your passport of pop down to the local INS office. 

 

They stopped doing that and the only evidence is now the EAD which takes 4 months? Unless you can expedite.

 

So when do you need to show that you are work authorised, when completing the I9, no I9 no problem.

 

Short version btw.

[SusieQQQ 11,586]

2 minutes ago, Boiler said:

K1 is work authorised but has no evidence.

 

Used to be you could get a stamp in your passport of pop down to the local INS office. 

 

They stopped doing that and the only evidence is now the EAD which takes 4 months? Unless you can expedite.

 

So when do you need to show that you are work authorised, when completing the I9, no I9 no problem.

 

Short version btw.

So Nolo is wrong when it says K1 can only work with EAD? Ok http://www.nolo.com/legal-encyclopedia/free-books/fiance-marriage-visa-book/chapter5-22.html

 

but if it's easy to show that you're work authorized as a K1, why is this thread even existing?!

[Boiler 45,500]

Just now, SusieQQQ said:

So Nolo is wrong when it says K1 can only work with EAD? Ok http://www.nolo.com/legal-encyclopedia/free-books/fiance-marriage-visa-book/chapter5-22.html

 

but if it's easy to show that you're work authorized as a K1, why is this thread even existing?!

Most people get a job with a US Employer. And need to complete an I9 and show evidence - EAD.

 

Lots of misinformation out there, misinformation is not a breach of VJ ToS so I will let Nolo off.

[Peot 161]

1 hour ago, SusieQQQ said:

So Nolo is wrong when it says K1 can only work with EAD? Ok http://www.nolo.com/legal-encyclopedia/free-books/fiance-marriage-visa-book/chapter5-22.html

 

but if it's easy to show that you're work authorized as a K1, why is this thread even existing?!

To be perfectly clear - People with K1 or are adjusting status DO need an EAD to work in the united states. An American company is required by law to obtain work permits from its employees. This is not what was ever in dispute here. Mentions nothing about working for a foreign entity remotely. A foreign company does not abide by US law, and is not required to, so cannot and will not accept an EAD. They aren't the ones required by law to do this.

 

As for why this thread even exists.... it was dug up from the grave when someone asked for an update. Beating a dead horse. There are no updates... it should remain dead and buried.

[SusieQQQ 11,586]

2 hours ago, Peot said:

To be perfectly clear - People with K1 or are adjusting status DO need an EAD to work in the united states. An American company is required by law to obtain work permits from its employees. This is not what was ever in dispute here. Mentions nothing about working for a foreign entity remotely. A foreign company does not abide by US law, and is not required to, so cannot and will not accept an EAD. They aren't the ones required by law to do this.

 

 

There's a difference between a foreign company not caring about an EAD, and USCIS telling someone she needs one to work from US soil - the situation my friend was in. You're right, the company she was working for didn't care about it, but uscis still insisted she needed it.

[NikLR 13,227]

4 hours ago, Peot said:

 

 

As for why this thread even exists.... it was dug up from the grave when someone asked for an update. Beating a dead horse. There are no updates... it should remain dead and buried.

July 8th is the grave?