work permits and working abroad

F

Furin

Registered Users (C)
I've been looking around on the internet and cannot find the information that I'm looking for. Here's my situation: I'm hoping to be moving to the United States sometime this year on a k1 fiance visa. This is still in progress but that's not what my question is about. I'm currently employed at a Dutch company as a computer programmer and might be able to perform my work over the internet from home. Now I've read somewhere that it is very likely that I won't be able to work in the United States for several months because of waiting periods on the work permit there.

-Would working for my Dutch company from out of the US without a work permit be illegal?

-What are the laws and regulations on working for a foreign company over the internet whilst living in the US? (With taxes and paychecks and whatnot.) With and without a work permit...

Of course I don't want to do anything illegal here with my visa and such at stake. But it would be very helpful if I could continue to work so my Fiance doesn't have to support the both of us by herself. Thanks in advance.
 
Now I've read somewhere that it is very likely that I won't be able to work in the United States for several months because of waiting periods on the work permit there.
Click to expand...
Once you get married and then apply for employment authorization, it is normally granted within 90 days.
Furin said:
-Would working for my Dutch company from out of the US without a work permit be illegal?
Click to expand...
Yes it would be illegal, although it is unlikely you would be caught.
-What are the laws and regulations on working for a foreign company over the internet whilst living in the US? (With taxes and paychecks and whatnot.) With and without a work permit...
Click to expand...
If you are physically in the US when doing the work, you would need to pay taxes to the US. You would have to submit the taxes on your own, since your foreign employer would have no responsibility to do that (unless they also have a presence in the US). Although if the same income is also being taxed by the Dutch government, there may be tax treaties and other such exemptions available to offset the US taxation.
Of course I don't want to do anything illegal here with my visa and such at stake. But it would be very helpful if I could continue to work so my Fiance doesn't have to support the both of us by herself. Thanks in advance.
Click to expand...
Another option is to get married first and directly apply for an immigrant visa, instead of a K1 visa. You would immediately become a permanent resident upon your first entry to the US with the immigrant visa, instead of having to go through another immigration process after entry (which you would have to do with the K1 visa). Depending on which consulate you're dealing with, sometimes it's not a big difference between the K1 and immigrant visa. Contact the nearest US consulate to find out their processing times. However, if the K1 application was already submitted long ago, restarting from scratch with an immigrant visa could add a lot of time.
 
Last edited by a moderator:
Actually K-1 status holders can work for the first 90 days after entry. After marriage, apply for AOS and your EAD.

Furin said:
Now I've read somewhere that it is very likely that I won't be able to work in the United States for several months because of waiting periods on the work permit there.
Click to expand...
 
Triple Citizen said:
Actually K-1 status holders can work for the first 90 days after entry.
Click to expand...
No, they have to wait for an EAD.

http://travel.state.gov/visa/immigrants/types/types_2994.html#Work
Can a K-1 Visa Holder Work in the United States?

As a K-1 visa holder you may file Form I-765 Application for Employment Authorization with the USCIS office that serves the area where you live for a work permit (employment authorization document). For more information see How Do I Get a Work Permit (Employment Authorization Document)?
Click to expand...
 
I have a different answer here - you can work for the dutch company in the US if the work is done entirely over internet and you remain the dutch employee of the company. Immigration laws for employment in the US only apply to people working in the US for companies having a presence and doing business in the US. If you are not going to be paid by a company in the US for your work then you will not fall under US employment regulations. However once you spend more than 180 days in the US you are considered a resident for tax purposes and will have to declare that income on a US tax return.
 
Now that's very interesting. The company I work for has no presence in the U.S. All the work I can and would do is over the internet, and 180 days is all I need to get my work permit in the first place (between getting married in 90 days, then getting the work permit which supposedly takes another 90 days). Anyone see any problems with this statement, or can verify it?
 
Furin said:
Now that's very interesting. The company I work for has no presence in the U.S. All the work I can and would do is over the internet, and 180 days is all I need to get my work permit in the first place (between getting married in 90 days, then getting the work permit which supposedly takes another 90 days). Anyone see any problems with this statement, or can verify it?
Click to expand...

If you remain an employee on Dutch payroll, there should be no problem in what you will be doing.
 
nkm-oct23 said:
I have a different answer here - you can work for the dutch company in the US if the work is done entirely over internet and you remain the dutch employee of the company. Immigration laws for employment in the US only apply to people working in the US for companies having a presence and doing business in the US.
Click to expand...
That is not correct. Some amount of work-related activities like business meetings and interviews are allowed, if the trip is declared at the port of entry to be a business trip and the entry is with a B1 visa or visa waiver. But actual substantial hands-on work like what the OP is talking about is illegal without a relevant visa or work authorization.

Do not confuse what is legal with what you can get away with. If the employer has no presence in the US, the US government would find it difficult or impossible to penalize the company. And in this case the nature of the work makes it easy for the employee to get away with it. But if he told the officer at the port of entry what he is planning to do when entering with the K1 visa, he will be refused entry. And if the consulate found out that the company is doing this sort of thing on a repeated basis, they would start regularly refusing tourist visas to employees of that company.
 
Last edited by a moderator:
That's a bummer. Neither I nor my employer want to engage into any illegal activity, whether I can get away with it or not. But how did you figure it would be no problem then nkm?

<-- the guy btw
 
How long ago was the K1 application submitted? If it's been only a couple months, consider cancelling it and applying for a CR1 immigrant visa instead so you would be immediately eligible to work when you enter the US with it.
 
We have not yet submitted the k1 application. We're almost done wth the paperwork and are planning on sending it in as soon we've got it done though. The thing is, we don't want to marry outside of the U.S. and the way to do so in the U.S. was the k1 as far as we saw.
 
Furin said:
That's a bummer. Neither I nor my employer want to engage into any illegal activity, whether I can get away with it or not. But how did you figure it would be no problem then nkm?

<-- the guy btw
Click to expand...

Because you are NOT on a payroll of a US employer in the US and the US immigration and employment requirements do not apply to you even if you physically reside in the US. Your Dutch employer is also not subject to US immigration and employment laws. If you are seeking to work for a US based company on US soil then that is a different matter entirely.
 
Ok so now I'm confused. Getting some mixed messages here. Everything you just said applies to me nkm, I will not be seeking employment at a U.S. employer until I get my work permit. Can anyone back that statement up with something official. Be it to confirm it to be true or false?
 
nkm-oct23 said:
Because you are NOT on a payroll of a US employer in the US and the US immigration and employment requirements do not apply to you even if you physically reside in the US.
Click to expand...
That is not true. If what you're saying is true, it would be too easy to openly circumvent the immigration laws. Just set up a company outside the US, and have them send people into the US on tourist visas and student visas and other non-work visas to do the work.
Your Dutch employer is also not subject to US immigration and employment laws.
Click to expand...
The US government can't enforce the law against the Dutch employer, but the worker can still be held responsible, deported, and banned from the US for working in the US without the appropriate visa or authorization. And like I said, tell the officer at the port of entry about your plans to work like that, and they will refuse entry. Or tell the consulate that when you apply for a tourist or K1 or F1 visa, and they will deny the visa.

Merely getting paid from a non-US source does not give the individual a right to work in the US. It only makes the investigation and enforcement more difficult for the US government.
 
Last edited by a moderator:
nkm-oct23 said:
US immigration and employment requirements do not apply to you even if you physically reside in the US.
Click to expand...

Immigration and employment requirements DO apply to you, since you are on US soil. You cannot evade them simply by working for a foreign employer. Employment is employment.
 
OP, please read the handbook for employers at this website:
http://www.uscis.gov/files/form/m-274.pdf

Also read the following from uscis website.

Employers must verify that an individual whom they plan to employ or continue to employ in the United States is authorized to accept employment in the United States. For more information about the employment authorization verification process, see the “About Form I-9 and E-Verify” link to the right.

As an employer, you may require the services of a foreign national to work at your company or business. If the individual is already a permanent resident (green card holder), you may hire that individual, but you must comply with the employment verification requirements.

If the alien is not already a permanent resident, you will need to file a petition so that the individual may obtain the appropriate immigrant or nonimmigrant classification. You may chose to file an immigrant petition (permanent) or a nonimmigrant petition (temporary) on behalf of that employee. The links to the left provide information on how to petition and the different eligibility categories.
Employees


No alien may accept employment in the United States unless they have been authorized to do so. Some aliens, such as those who have been admitted as permanent residents, granted asylum or refugee status, or admitted in work-related nonimmigrant classifications, may have employment authorization as a direct result of their immigration status. Other aliens may need to apply individually for employment authorization.

There are many ways in which a person may be able to work in the United States. You may seek an immigration classification that permits you to live and work in the United States permanently or temporarily. In most instances, your employer or potential employer must petition for you. In the links to your left, you will find more information about coming to the United States to work temporarily or permanently and the many different eligibility categories for working in the United States.
 
Getting EAD as K-1 was unpractical for me

Triple Citizen said:
Actually K-1 status holders can work for the first 90 days after entry. After marriage, apply for AOS and your EAD.
Click to expand...

I received a K-1 visa in September 1998 and entered into the USA on 09/28/98. I filed for Employment Authorization a few days later.

By 12/19 when we got married I still had not received any notice of approval of denial for the Employment Authorization.

On 12/23 I filed the I-485 together with EAD.

In February 1999 (five months after I filed based on the K-1) I received a notice of rejection for the K-1 based request for Employment based on the fact that the K-1 had expired. :(

Fortunately the I-485 was approved more than two years later.

Lesson learned: getting Employment Authorization based on the K-1 visa can be impractical.

P.S.: Procedures may have changed since then.

----------------------
Detroit DO - NSC
09/28/98 Entered on K-1 (Fiance) Visa
12/19/98 Married with US Citizen (still happily married 11 years after)
12/24/98 Filed I-485, I-130, I-765 in OKC (NSC)
01/03/99 Moved to Texas (TSC)
05/xx/00 Moved to Eastern PA (VSC)
11/xx/00 Moved to Central NJ (VSC)
03/19/01 LPR
03/xx/03 Received GC dated 03/19/2001
03/20/07 N-400 Priority Date
04/12/07 FP done
09/19/07 Interview passed :)
10/26/07 Naturalized Citizen :)
 
nkm-oct23 said:
I have a different answer here - you can work for the dutch company in the US if the work is done entirely over internet and you remain the dutch employee of the company. Immigration laws for employment in the US only apply to people working in the US for companies having a presence and doing business in the US. If you are not going to be paid by a company in the US for your work then you will not fall under US employment regulations. However once you spend more than 180 days in the US you are considered a resident for tax purposes and will have to declare that income on a US tax return.
Click to expand...

Not correct.

If you have concerns based on the PP posting, consult an attorney to verify all paperwork has been completed correctly. The relatively small cost will be worth it to your peace of mind.
 
You must log in or register to reply here.
Top