Self-employment without EAD

[kanderson101 131]

Hello! 

 

Does anyone know whether or not my husband could work independently while we wait for his EAD/AP approval (AOS from K1)? He used to semi-regularly do translations for documents when he was living in Belgium. I know he can't accept a job offer or work for a US-based company without his EAD, but I'm not clear on the regulations surrounding self-employment. Would he be restricted as to which clients he could have? Or would it be about where the payment was sent to (Belgian vs American bank accounts)?? Obviously we would never want to jeopardize his immigration process, but if he is able to work at all it would greatly help our financial situation, what with the current processing times for combo cards. 

 

Thanks in advance! 

[Crazy Cat 41,844]

Sounds like unauthorized work to me.

[Roel 7,192]

If he wants to work as self-employed person in the US, he needs EAD.  He would be working in the US after all, receiving payments from within US.

[Roel 7,192]

From USCIS website " Yes.  Individuals must be work-authorized to perform any employment in the United States, even if it is not employment in an employer-employee relationship requiring completion of the Form I-9.  Undocumented aliens, or others lacking work authorization, are NOT authorized to be self-employed or to work as independent contractors.  Any person who obtains the labor of an independent contractor, knowing that the contractor is not work authorized, is subject to civil penalties under section 274A of the INA. "

[USS_Voyager 1,972]

In short, what matters is where the person is located, not what bank account or what company he/she works for. One needs to have work authorization where they work

[geowrian 22,337]

Self employment means you are both the employee and employer. Work for a US-based employer is not permitted without authorization. Put 1 + 1 together and the answer is clear.

[aaron2020 11,651]

39 minutes ago, kanderson101 said:

Hello! 

 

Does anyone know whether or not my husband could work independently while we wait for his EAD/AP approval (AOS from K1)? He used to semi-regularly do translations for documents when he was living in Belgium. I know he can't accept a job offer or work for a US-based company without his EAD, but I'm not clear on the regulations surrounding self-employment. Would he be restricted as to which clients he could have? Or would it be about where the payment was sent to (Belgian vs American bank accounts)?? Obviously we would never want to jeopardize his immigration process, but if he is able to work at all it would greatly help our financial situation, what with the current processing times for combo cards. 

 

Thanks in advance! 

He can not work.  Self-employment is work so it's not permitted.

 

Working for US clients and taking work away from those authorized to work is not permitted.

 

Routing payments abroad to avoid US taxes, etc., is money laundering and definately not permitted.

 

Your husband MUST have his EAD in order to do any sorts of work.  

[JFH 12,190]

Sounds like you went down the wrong visa path, unfortunately. This is a huge pitfall of the K-1 and one of the main reasons that causes me to question its popularity, especially with people from VWP countries. Had you married first and filed a CR-1, he would be able to work now - doing his translations or anything else he wanted to do. 

 

Food for thought for those still wondering which path to take.

[kanderson101 131]

Thanks everyone - I appreciate the responses. And you're all correct, logically any work should not be permitted. And if I could go back in time, I most certainly would have chosen a CR1 visa....hindsight  

[Mike E 11,739]

He can always learn to play poker and earn doing that.  Gambling is allowed and many  insist poker is a game of skill.  😀