IR-1 visa applicant intending to keep working as a self-employed person for a non-US contractor

[Tara&Misha 0]

TL;DR: Will I be able to immediately perform work as a self-employed person after I enter the US on a IR-1 visa, working for a non-US contractor?

I'm likely receiving my IR-1 visa by the end of the month and my wife and I are looking to move to the US soon afterwards. I think I understand that if you want to work for a US-based employer, you need to have a green card, the application of which can take anywhere from 3 to 6 months if I understood it correctly. In my case, I will not have a US-based employer, I will be self-employed, doing contracting work for a non-US company.

[SalishSea 17,502]

9 minutes ago, Tara&Misha said:

TL;DR: Will I be able to immediately perform work as a self-employed person after I enter the US on a IR-1 visa, working for a non-US contractor?

I'm likely receiving my IR-1 visa by the end of the month and my wife and I are looking to move to the US soon afterwards. I think I understand that if you want to work for a US-based employer, you need to have a green card, the application of which can take anywhere from 3 to 6 months if I understood it correctly. In my case, I will not have a US-based employer, I will be self-employed, doing contracting work for a non-US company.

If you enter the US with a spousal visa, you will receive an I-551 passport stamp which serves as your green card until the plastic card is mailed.  All of the rights and responsibilities as a green card holder are included immediately.

[JeanneAdil 6,400]

As an independent subcontractor what u need to know for IRS is on the following site

 

https://www.irs.gov/individuals/international-taxpayers/persons-employed-by-a-foreign-employer

 

Individuals employed within the United States by a foreign employer are generally subject to Social Security and Medicare tax withholding by the foreign employer. Revenue Ruling 92-106, 1992-2 C.B. 258 provides detailed information on this subject. Certain exceptions to mandatory Social Security and Medicare tax coverage are listed in IRS Publication 15, Circular E, Employer's Tax Guide. However, individuals employed in the United States by a foreign employer may be exempt from U.S. Social Security and Medicare taxes under the terms of a Totalization Agreement.

 

The Totalization Agreement is when u pay taxes to the other country

but u want to be considered as a US resident and pay taxes here to aid u in the remaining process (like ROC and Naturalization if and when they come up)

Edited November 2, 2021 by JeanneAdil

[Chancy 6,239]

50 minutes ago, Tara&Misha said:

you need to have a green card, the application of which can take anywhere from 3 to 6 months if I understood it correctly.

 

As an IR1 visa holder, you will be a permanent resident (aka. green card holder) the moment you enter the US.  So yes, you are legally allowed to work from Day 1, whether it's for a US-based or a foreign employer.  No need for you to wait 3 to 6 months.  Your IR1 visa + CBP entry stamp will serve as your "green card" for 1 year after US entry.  As in, it will be just as valid as the plastic card for any legal purpose.  The plastic card is of course more convenient to carry, but a lot depends on your luck as to when you'll get that in the mail.

 

Edited November 2, 2021 by Chancy
clarification

[Chancy 6,239]

*** Moved from IR1/CR1 Process & Procedures to Working & Traveling During US Immigration -- question relates to authorization to work after US entry with IR1 visa ***