Work from my home country (for the US) while I make my move there

[Sabela 16]

Hi. I’m aware spouse visa holders (CR1) can work upon entry to the USA, but what about FINDING a US job before that? (with visa on passport, but while on transit from my home country to the USA). I’m asking bc it may take a couple of months before I’m actually able to move. So, would companies be able to HIRE me and start working before I get my visa stamped at the border? (right when I get the passport back from the US Consulate)? Or do I need to have it stamped for it to be "activated"? Thank you in advance for your help. I’d like to mention that I do have a SSN because I’ve worked in the USA before under different visas.

[iwannaplay54 985]

Your work authorization starts on the day your visa is stamped

[arken 4,197]

If an employer allows to work from your home country, you can work anytime regardless of CR1. You abide by employment rules from your country.

[pushbrk 12,984]

1 hour ago, arken said:

If an employer allows to work from your home country, you can work anytime regardless of CR1. You abide by employment rules from your country.

Ideally, find a job that let's you work remotely until you enter the USA.  You can do this even before you have your visa.

[Chancy 6,242]

*** Moved from IR1/CR1 Process & Procedures to Finding Work in America forum ***

 

[Sabela 16]

@pushbrk First, thank you for your feedback! Secondly, I have a question:  How can I find a job "without my visa"? Isn't that technically my work authorization?   I would ideally be working for educational institutions.  If I am not mistaken (which I probably am), I need to have a green card to work for them, right? (or at least my visa stamped). Otherwise, I believe they'd have to sponsor me through a H1B visa or some sort of J1 visa... I am a bit confused, but thank you for your help in advance. 

[pushbrk 12,984]

43 minutes ago, Sabela said:

@pushbrk First, thank you for your feedback! Secondly, I have a question:  How can I find a job "without my visa"? Isn't that technically my work authorization?   I would ideally be working for educational institutions.  If I am not mistaken (which I probably am), I need to have a green card to work for them, right? (or at least my visa stamped). Otherwise, I believe they'd have to sponsor me through a H1B visa or some sort of J1 visa... I am a bit confused, but thank you for your help in advance. 

Remote jobs don't require visas. I mentioned working remotely.

[Sabela 16]

@pushbrk Really...? I mean, in the work applications they are going to ask me if I am "legally able to work in the USA". This has happened to me before. What do I say? (after I get my passport back with my visa). I suppose they are going to ask me for that kind of documentation

[arken 4,197]

1 hour ago, Sabela said:

if I am "legally able to work in the USA

Ans would be NO. You are not legally able to work IN the US even with the CR1 visa until you enter the US. But you are not in the US so that question isn't applicable to you. You are legally allowed to work for a US employer while not physically present in the US. If your employer wants to still hire you and pay you while you are abroad, they can. Your place of residence  will be that of your home country.

Edited July 5, 2022 by arken

[flicks1998 1,044]

16 hours ago, Sabela said:

Hi. I’m aware spouse visa holders (CR1) can work upon entry to the USA, but what about FINDING a US job before that? (with visa on passport, but while on transit from my home country to the USA). I’m asking bc it may take a couple of months before I’m actually able to move. So, would companies be able to HIRE me and start working before I get my visa stamped at the border? (right when I get the passport back from the US Consulate)? Or do I need to have it stamped for it to be "activated"? Thank you in advance for your help. I’d like to mention that I do have a SSN because I’ve worked in the USA before under different visas.

As someone who works in this industry, this can be messy and expensive for a US employer.  Depending how long it will be before you enter the US, you may want to time your job search with the approximate entry to the US.  Most hiring processes can take a few months, from applying through job offer.  The average time to fill a position from listing the job to start date where I am at is between 80-90 days.  As for working for the company before arriving in the US, questions are:

• Which country are we talking about
• Does the employer already have a physical presence in your home country (if they do, this makes it slightly easier)
• If no physical presence, can they hire you through a GEC or PEO (can be expensive and time consuming)
• Do to your physical presence in your home country, will the company potentially occur any tax risks?  Permanent establishment could be a risk
• How would your payroll be conducted and what social benefits would you receive?  This is where GEC's and PEO's can help administer these type of things, along with payroll, but if your not in the country for awhile, it wouldnt make much sense.
• If the company has a physical location in your country, can they put you on local payroll first and then transfer you to the US entity when you relocate?
• What kind of tax treaties are there with whichever country you are in versus the US

If you plan on moving to the US soon, I would start networking for a US based job so once you arrive, you have some of the preliminary steps out of the way.  You may find an employer who doesnt understand the above risks (there are alot who do not), but many large multinational companies will understand it.

Edited July 5, 2022 by flicks1998

[pushbrk 12,984]

9 hours ago, arken said:

Ans would be NO. You are not legally able to work IN the US even with the CR1 visa until you enter the US. But you are not in the US so that question isn't applicable to you. You are legally allowed to work for a US employer while not physically present in the US. If your employer wants to still hire you and pay you while you are abroad, they can. Your place of residence  will be that of your home country.

Yes, I think the OP needs to focus on the Remote Job Market.  Depending on their skills and demand for them, many US Companies will hire foreign nationals to work remotely either long term or until they are able to immigrate.  One could also work at a foreign branch of a US Company with the promise of a US job once they immigrate.

 

Looking for US jobs IN the USA is not one of his options.

[Sabela 16]

These responses are very helpful. Thank you. My plan is the following:

 

1. Receive my passport back at the end of July/beginning of August (I have my CR1 visa interview in Madrid, Spain, on July 19), and then cross the border in November of 2022.
2. Context: My job is Spanish Instructor. I already have a SSN because I worked in higher education institutions in the US before. So, I would ideally find a job in a US college or university to either work face-to-face or online there —this means the employer does not have a physical presence in my home country.
3. I suppose I can start LOOKING for jobs now, perhaps interview (and “get hired”?) from abroad while I make my move, and then cross the border in November to “activate” my visa. A good thing about working in education is that they will for sure have a break on Christmas, AND the semester does not start back again until January of 2023 (it is late now to get hired for a Fall semester starting in August anyway…).
4. Once I cross the border in November, I will continue with the process in the US. Does this make sense,  @pushbrk and @flicks1998?

 

Oh, and btw, there is a United States – Spain Tax Treaty. I believe this is to avoid double taxation & to ensure taxes are paid to the right country.

[pushbrk 12,984]

2 hours ago, Sabela said:

These responses are very helpful. Thank you. My plan is the following:

 

1. Receive my passport back at the end of July/beginning of August (I have my CR1 visa interview in Madrid, Spain, on July 19), and then cross the border in November of 2022.
2. Context: My job is Spanish Instructor. I already have a SSN because I worked in higher education institutions in the US before. So, I would ideally find a job in a US college or university to either work face-to-face or online there —this means the employer does not have a physical presence in my home country.
3. I suppose I can start LOOKING for jobs now, perhaps interview (and “get hired”?) from abroad while I make my move, and then cross the border in November to “activate” my visa. A good thing about working in education is that they will for sure have a break on Christmas, AND the semester does not start back again until January of 2023 (it is late now to get hired for a Fall semester starting in August anyway…).
4. Once I cross the border in November, I will continue with the process in the US. Does this make sense,  @pushbrk and @flicks1998?

 

Oh, and btw, there is a United States – Spain Tax Treaty. I believe this is to avoid double taxation & to ensure taxes are paid to the right country.

2.  Depends on whether the employer will hire remote workers.  They do NOT have to have a presence in each country from which they hire remote workers.