Working for current UK employer remotely in US

[LKA 27]

Hello all! Our K-1 FINALLY has movement!! It has been 20 months to the day since our application has been accepted by USCIS and almost 18 months since we have seen each other! We are currently awaiting approval from my fiancé's  physical so we can schedule his interview. He has updated his boss on the status and his boss has offered to let him work remotely in the US once he gets moved. We can not seem to find any info on the subject. If its allowed, who we need to report to about it, how we go about it....nothing. We are hoping he will be here by Christmas and there won't be a break in income for him while we wait for his green card. He intends to integrate completely to the American workforce but thought it would be nice to keep his current job while he looks for a job that suits instead of one he needs. Any help would be GREATLY appreciated! 

[mushroomspore 3,044]

6 minutes ago, LKA said:

Hello all! Our K-1 FINALLY has movement!! It has been 20 months to the day since our application has been accepted by USCIS and almost 18 months since we have seen each other! We are currently awaiting approval from my fiancé's  physical so we can schedule his interview. He has updated his boss on the status and his boss has offered to let him work remotely in the US once he gets moved. We can not seem to find any info on the subject. If its allowed, who we need to report to about it, how we go about it....nothing. We are hoping he will be here by Christmas and there won't be a break in income for him while we wait for his green card. He intends to integrate completely to the American workforce but thought it would be nice to keep his current job while he looks for a job that suits instead of one he needs. Any help would be GREATLY appreciated! 

Unfortunately, it is not allowed. The US government considers any work done inside the USA to be work, even if it's for a non-USA company and the money is non-USA currency going into a non-USA bank. I know; it kinda sucks. After entering the USA with the K1, your fiance cannot work until his I-765 is approved and the employment authorization card is in his hands. Expect several months of not being able to work. Sadly, this is one of the disadvantages of the K1 route.

[LKA 27]

10 minutes ago, mushroomspore said:

Unfortunately, it is not allowed. The US government considers any work done inside the USA to be work, even if it's for a non-USA company and the money is non-USA currency going into a non-USA bank. I know; it kinda sucks. After entering the USA with the K1, your fiance cannot work until his I-765 is approved and the employment authorization card is in his hands. Expect several months of not being able to work. Sadly, this is one of the disadvantages of the K1 route.

Well bummer. Initially, we figured he wouldn't be able to work for months. We didn't expect a job offer from his employer though! Thanks for the help! 

[Wuozopo 4,293]

35 minutes ago, LKA said:

We are currently awaiting approval from my fiancé's  physical so we can schedule his interview.

You don’t have to attend the medical before you schedule the interview. 

 

35 minutes ago, LKA said:

He has updated his boss on the status and his boss has offered to let him work remotely in the US once he gets moved. We can not seem to find any info on the subject. If its allowed, who we need to report to about it, how we go about it....nothing. We are hoping he will be here by Christmas and there won't be a break in income for him while we wait for his green card. He intends to integrate completely to the American workforce but thought it would be nice to keep his current job while he looks for a job that suits instead of one he needs. Any help would be GREATLY appreciated! 

The gray area is some say the fact that he is doing “work” in the US is wrong without EAD or a greencard.  Others, even immigration lawyers, say it’s no problem.  You won’t find a definitive answer straight from USCIS (that I know of).

 

IF he works remotely, he pays income tax to the IRS and not HMRC. You pay to where you reside. His employer would need to code him to be off UK deductions like income tax and national health. The employer would have to get an IRS Employer Identification Number (EIN) so he could withhold US income tax, Social Security, and Medicare rates and send to the IRS monthly. That’s if he remains an “employee”.
 

Alternately, they could make him a “contractor” and the responsibility for paying lies with your husband making quarterly estimate payments to the IRS. His UK employer still takes him off all HMRC/National Health deductions. They pay him his full amount before taxes and he has to save back some of it to pay IRS quarterly. He is considered a self-employed contractor to the IRS. The IRS does not check immigration status. They just want to be paid taxes. 

Edited August 2, 2021 by Wuozopo

[LKA 27]

18 minutes ago, Wuozopo said:

You don’t have to attend the medical before you schedule the interview. 

I know but he doesn't want to make any moves to the next step until the current step is completed so there aren't any delays. He is very meticulous and thorough which is a great balance for me as I tend to jump the gun  LOL

Edited August 2, 2021 by LKA

[LKA 27]

12 minutes ago, Wuozopo said:

The gray area is some say the fact that he is doing “work” in the US is wrong without EAD or a greencard.  Others, even immigration lawyers, say it’s no problem.  You won’t find a definitive answer from straight from USCIS (that I know of).

 

IF he works remotely, he pays income tax to the IRS and not HMRC. You pay to where you reside. His employer would need to code him to be off UK deductions like income tax and national health. The employer would have to get an IRS Employer Identification Number (EIN) so he could withhold US income tax, Social Security, and Medicare rates and send to the IRS monthly. That’s if he remains an “employee”.
 

Alternately, they could make him a “contractor” and the responsibility for paying lies with your husband making quarterly estimate payments to the IRS. His UK employer still takes him off all HMRC/National Health deductions. They pay him his full amount before taxes and he has to save back some of it to pay IRS quarterly. He is considered a self-employed contractor to the IRS. The IRS does not check immigration status. They just want to be paid taxes. 

GREAT information!! I will pass this on to him. I know he was going to post on other forums to see what he can find out! Thank you!!

[Boiler 45,538]

You will find many many different views on this 

 

mine is that K 1 is authorized to work for the 90 days just takes longer than that to get proof usually 

 

Then you need EAD

 

Not sure how it would work if he was kept on UK payroll with USA location wonder if manager has thought this through 

 

[LKA 27]

17 minutes ago, Boiler said:

You will find many many different views on this 

 

mine is that K 1 is authorized to work for the 90 days just takes longer than that to get proof usually 

 

Then you need EAD

 

Not sure how it would work if he was kept on UK payroll with USA location wonder if manager has thought this through 

 

Well no, he hasn't. But he wanted us to find out if it was an option. We want to make sure we do everything by the book. 

Edited August 2, 2021 by LKA

[Boiler 45,538]

The USA immigration book does not really cover this, UK one well HR may say no. Well they may be OK with it if he becomes a contractor rather than employee 

[Joe Kano 327]

1 hour ago, LKA said:

Hello all! Our K-1 FINALLY has movement!! It has been 20 months to the day since our application has been accepted by USCIS and almost 18 months since we have seen each other! We are currently awaiting approval from my fiancé's  physical so we can schedule his interview. He has updated his boss on the status and his boss has offered to let him work remotely in the US once he gets moved. We can not seem to find any info on the subject. If its allowed, who we need to report to about it, how we go about it....nothing. We are hoping he will be here by Christmas and there won't be a break in income for him while we wait for his green card. He intends to integrate completely to the American workforce but thought it would be nice to keep his current job while he looks for a job that suits instead of one he needs. Any help would be GREATLY appreciated! 

If it is a US Based Employer he needs work permit, if it a non US based company then he can keep working.

[Boiler 45,538]

1 minute ago, Joe Kano said:

If it is a US Based Employer he needs work permit, if it a non US based company then he can keep working.

Always good to read the replies 

[LKA 27]

1 minute ago, Joe Kano said:

If it is a US Based Employer he needs work permit, if it a non US based company then he can keep working.

They do not have a US branch. It is strictly  UK based

[Wuozopo 4,293]

2 minutes ago, LKA said:

They do not have a US branch. It is strictly  UK based

Concerning my reply., I have spoken on the phone with the IRS person who issues EIN numbers to foreign employers. Yes a UK company can get an Employer Identification number and I t’s quite easy according to the person who issues them. His UK company is obligated to take IRS deductions out of the employee’s check and pay (every pay period) to the IRS via online transfer that gets set up. That’s why they need the EIN. Oh… and they issue him a W2 at the end of the tax year. Some companies choose to pay a third party to make the payments, W2, and skip the hassle. Or they can call your fiancé an independent contractor and skip their dealings with IRS.  His pay can continue to be in pounds, going to a UK bank account, yet he still owes IRS (not HMRC)once he lives in the US according to the US/UK tax treaty. 

[Joe Kano 327]

52 minutes ago, LKA said:

They do not have a US branch. It is strictly  UK based

There you go, he is good to go no need to stop working.  👍

 

 

 

 

[Joe Kano 327]

37 minutes ago, Wuozopo said:

Concerning my reply., I have spoken on the phone with the IRS person who issues EIN numbers to foreign employers. Yes a UK company can get an Employer Identification number and I t’s quite easy according to the person who issues them. His UK company is obligated to take IRS deductions out of the employee’s check and pay (every pay period) to the IRS via online transfer that gets set up. That’s why they need the EIN. Oh… and they issue him a W2 at the end of the tax year. Some companies choose to pay a third party to make the payments, W2, and skip the hassle. Or they can call your fiancé an independent contractor and skip their dealings with IRS.  His pay can continue to be in pounds, going to a UK bank account, yet he still owes IRS (not HMRC)once he lives in the US according to the US/UK tax treaty. 

I have spoken to the IRS a few times as well when they didn't post my taxes for 2019 even though they cashed the check, took them almost a year or it to show up one the tax transcripts, they claimed it was for mailing it and not doing it electronically. 

 

I spoke to 3 different agents, and the second one told me almost everything the first agent told me was incorrect.  So I have very little faith in them and their agents.  I was told by all 3 not to refile my taxes and finally when I refiled it the last time, with a note and copy of the endorsed check a few weeks later it finally showed up on the IRS website so I could print out my Tax Transcripts.

 

So if one person tells you one thing, from my experience it isn't always right. Just a FYI...