Working for current UK employer remotely in US

[LKA 27]

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. 

That's great news!! Thank you for taking that time to get that information! So kind of you!

[Chancy 6,241]

*** Moved from K1 Process & Procedures to Working & Traveling During US Immigration, to be among similar threads about remote work after US entry on a K1 visa ***

 

[Huckleberry&Koala 184]

6 hours 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! 

I wouldn't risk it. As far as I know: As a spouse of us citizen, he will be considered as resident per IRS, and IRS requires residents to report income overseas as well (doesn't matter which bank it is paid from, what currency it is paid in, which company it is paid from, income is income) and foreign earned income exclusion is not applicable. So, the conflict here is how one reports income to IRS without having work authorization. For me, that's not a gray area, and I didn't work even I was offered to continue working remotely just like your fiance. It was just not worth the risk.

[Ayrton 965]

7 hours 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.

It would be nice if it was this simple...

 

Someone just received an RFE because mistakenly added their foreign income on the 864 and USCIS wanted proof that they had authorization to work in the US.

Edited August 3, 2021 by Ayrton

[laylalex 7,289]

Before my ex came over on a K1, we consulted with an attorney on this topic. My ex was a director of his family's company in the UK and they did not want to lose him for the however many months we had to wait for the EAD. We were given the "grey area" advice as well, and we decided to be cautious so he did not work again until he got work authorization. As the poster above said, it wasn't worth the risk, even though as a spouse of a USC his unauthorized work would be forgiven when adjusting status. 

[Rocio0010 5,579]

3 hours ago, Huckleberry&Koala said:

I wouldn't risk it. As far as I know: As a spouse of us citizen, he will be considered as resident per IRS, and IRS requires residents to report income overseas as well (doesn't matter which bank it is paid from, what currency it is paid in, which company it is paid from, income is income) and foreign earned income exclusion is not applicable. So, the conflict here is how one reports income to IRS without having work authorization. For me, that's not a gray area, and I didn't work even I was offered to continue working remotely just like your fiance. It was just not worth the risk.

In addition , one might need to report foreign bank accounts under certain circumstances.

[bakphx1 789]

Reading on this topic is that there isn’t any good case history to base it on. The argument “for” it is the transactions are not on US soil and the company paying is not a US company, therefore not subject to US jurisdiction as to where their employees may work.  If you see clients or essentially do anything that could only be done here and not at home, it’s different.    When they describe work vs. employment, it seems to ignore this altogether.  Those two words mean different things.  The point of not being employed without a proper authorization is to not deprive citizens and residents of the same positions.  You wouldn’t be doing this.

 

 I would say it’s worth exploring with someone with real life experience on this and see what they say before saying no to the job.
 

Edited August 3, 2021 by bakphx1

[Crazy Cat 41,904]

17 hours 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.

Do you have a link to a source for that answer?  

[Rocio0010 5,579]

18 hours 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.

Please reference your source.

[Crazy Cat 41,904]

https://www.nationofimmigrators.com/courts-on-immigration-law/immigration-lawyers-arguing-can-i-work-from-home-for-a-foreign-employer/

 

"May a foreign national without work-authorized visa status to work remotely from a home located in the United States for an employer located abroad?  This question lies squarely at the intersection of immigration & tax law, and the short answer is no, except for nonimmigrants in the F-1 (Academic Students), J-1 (Exchange Visitors) & Q (Cultural Exchange Participants) visa categories. "

[Rocio0010 5,579]

1 hour ago, Lucky Cat said:

https://www.nationofimmigrators.com/courts-on-immigration-law/immigration-lawyers-arguing-can-i-work-from-home-for-a-foreign-employer/

 

"May a foreign national without work-authorized visa status to work remotely from a home located in the United States for an employer located abroad?  This question lies squarely at the intersection of immigration & tax law, and the short answer is no, except for nonimmigrants in the F-1 (Academic Students), J-1 (Exchange Visitors) & Q (Cultural Exchange Participants) visa categories. "

Interesting. I had a F1 and a J1 and didn’t know this. 

[Crazy Cat 41,904]

Just now, ra0010 said:

Interesting. I had a F1 and a J1 and didn’t know this. 

Yep.  I like this article because it presents both sides to the question of a non-immigrant working remotely in the US....and it contains several tidbit of good info.

[Rocio0010 5,579]

17 minutes ago, Lucky Cat said:

Yep.  I like this article because it presents both sides to the question of a non-immigrant working remotely in the US....and it contains several tidbit of good info.

Right. I never really had to work for a remote employer, but it’s interesting to know. Also, I really doubt that my designated international advisor knew about this. Some international advisors don’t have any idea about rules and regulations, what’s allowed and what is not!

[Wuozopo 4,293]

1 hour ago, Lucky Cat said:

https://www.nationofimmigrators.com/courts-on-immigration-law/immigration-lawyers-arguing-can-i-work-from-home-for-a-foreign-employer/

 

"May a foreign national without work-authorized visa status to work remotely from a home located in the United States for an employer located abroad?  This question lies squarely at the intersection of immigration & tax law, and the short answer is no, except for nonimmigrants in the F-1 (Academic Students), J-1 (Exchange Visitors) & Q (Cultural Exchange Participants) visa categories. "

But that is an opinion and not from USCIS. That’s all we get every time we debate this topic. 

[Rocio0010 5,579]

3 minutes ago, Wuozopo said:

But that is an opinion and not from USCIS. That’s all we get every time we debate this topic. 

But they quote publications from IRS