Working for current UK employer remotely in US

[Joe Kano 327]

5 hours ago, retheem said:

If working for a US employer or US based branch of his current company, he will need a work permit. If he works for a British employer, no need for work work permit. Think about it this way; why would you need a permit from UK to work in another country? Same logic. Zero correlation. 

Seems like common knowledge to me.... 

[Joe Kano 327]

3 hours ago, Wuozopo said:

There is no clear yes or no from USCIS. I don’t see it as a risk. I would do it. At the end of the day—who would know what you are doing in the privacy of your home. 

I see no risk either, I just think some people in life are either leaders or followers.  Some are risk takers, some play it safe.

 

I live life on the edge and take risks everyday, it makes life fun specifically in the business world....... 

[Ayrton 965]

For those who are asking what USCIS thinks about this, here is one of the most recent post on the K1 AOS forum.

 

An immigrant added his foreign income from remote working as a family member on the 864. USCIS asked in a RFE for proof that they were authorized to work in the US. 

 

How would you reply to the RFE and prove that you're authorized in the US? The only way I can see it is if the immigrant had a EAD or other type of work authorization. Just sending a letter saying it's not a US employer wouldn't work in my opinion.

[Wuozopo 4,293]

2 hours ago, Joe Kano said:

He also used to have a Texas Drivers Licenses many years ago but they wouldn't renew it and I think that was many years ago. 

Texas changed their Driver license rules October 1, 2008. I just missed out on getting one as a new K1 entrant. Had I known I could have gone the day I arrived and gotten a 6 yr license. TX was one of the last states where immigration proof was not required. People were flocking to Texas to get a driver license. The federal government put the pressure on  the states as one measure to control undocumented immigration. 
 

In 2008 the work authorization stamp for K1s was winding down. The only airport still offering it was JFK and I think it was hit or miss and you had to ask for it. But it was only good for the 90 days of your K1 admission. Then it was expired and you needed an EAD card. A K1 could apply for an EAD card and pay the $$$ application fee, but again, it was only valid for the 90 days of K1 admission. So if one applied quickly they might get it with 2 weeks remaining validity it they were lucky. Then it was over. Not worth the application fee to work 2 weeks. Once married, a K1 could apply as part of their AOS with no fee so that was the best choice. In 2008, my EAD card arrived in less than 60 days. 

[Wuozopo 4,293]

3 hours ago, Joe Kano said:

I see no risk either, I just think some people in life are either leaders or followers.  Some are risk takers, some play it safe.

 

I live life on the edge and take risks everyday, it makes life fun specifically in the business world....... 

We aren’t risk takers. We still wear masks. We follow rules. We drive the speed limit (mostly). We’re honest on our income tax.  But I would still work for my UK employer because I just don’t see a risk for a K1. I’m not advising anybody to do it but only saying which way I would lean.  It’s a personal choice really.

[SusieQQQ 11,587]

2 minutes ago, Wuozopo said:

We aren’t risk takers. We still wear masks. We follow rules. We drive the speed limit (mostly). We’re honest on our income tax.  But I would still work for my UK employer because I just don’t see a risk for a K1. I’m not advising anybody to do it but only saying which way I would lean.  It’s a personal choice really.

For a K1. And if it was someone who would be barred from adjustment?

 

 

[bakphx1 789]

16 hours 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. "

I saw this same article which showed this viewpoint as well as the opposite.  The main thrust was this is murky and untested. 

[Joe Kano 327]

11 hours ago, SusieQQQ said:

For a K1. And if it was someone who would be barred from adjustment?

 

 

Barred Hey?

 

My wife did a K1, had a single interview in US Embassy in Manila, I was with her.  She got her 2 year and then 10 year greencard, never had another interview, no she is going for her citizenship interview this month.  All her greencard process, minus one time doing biometrics was via US Mail.

 

 

[SusieQQQ 11,587]

4 hours ago, Joe Kano said:

Barred Hey?

 

My wife did a K1, had a single interview in US Embassy in Manila, I was with her.  She got her 2 year and then 10 year greencard, never had another interview, no she is going for her citizenship interview this month.  All her greencard process, minus one time doing biometrics was via US Mail.

 

 

If your wife was on K1 that means you are a USC and she would not be subject to a bar. The question - if you read it properly in context of what it was quoting/replying to - was whether they would do it for someone who would be subject to a bar (F2A, for example if you need such an example).

[Wildhaggis 0]

you could always open a USA based LLC (or an offshore company, but this is always more complex).   your hubby could volounteer his time to your LLC, no pay. and you pay the taxes.

or he can own a LLC, and again work for free.

 

I'm not a lawyer, or a currently authorised accountant.   this is NOT professional advice.

I'm definitely not an expert in the visa side of the issue.