Working Remotely Whilst EAD Pending

[DJarrett04]

I wanted to create a separate thread for this topic.

I have adjusted my status due to marriage this month and am awaiting the EAD which can take anywhere up to 3 months, but is taking even longer it seems at the moment. My UK employer, upon learning of my intention to stay, has said i can continue to work remotely for them at the moment and they are going to look in to setting me up here. They have been keen to invest in the US and this is now just an easy gateway for them once my work permits are finalised.

If I continued to work remotely for the UK office from the US, and continued to draw my salary for doing so, would I be violating the immigration laws here? In theory, i am a UK resident working for a UK company but from my home here that I share with my wife.

Any advice appreciated.

[ewilliams]

I wanted to create a separate thread for this topic.

I have adjusted my status due to marriage this month and am awaiting the EAD which can take anywhere up to 3 months, but is taking even longer it seems at the moment. My UK employer, upon learning of my intention to stay, has said i can continue to work remotely for them at the moment and they are going to look in to setting me up here. They have been keen to invest in the US and this is now just an easy gateway for them once my work permits are finalised.

If I continued to work remotely for the UK office from the US, and continued to draw my salary for doing so, would I be violating the immigration laws here? In theory, i am a UK resident working for a UK company but from my home here that I share with my wife.

Any advice appreciated.

Yes you would be violating immigration laws. Since you don't have a permit to work. It doesn't matter that your company is in the UK, or you are a UK resident. You are on American soil, therefore need a permit to work.

[azblk]

I wanted to create a separate thread for this topic.

I have adjusted my status due to marriage this month and am awaiting the EAD which can take anywhere up to 3 months, but is taking even longer it seems at the moment. My UK employer, upon learning of my intention to stay, has said i can continue to work remotely for them at the moment and they are going to look in to setting me up here. They have been keen to invest in the US and this is now just an easy gateway for them once my work permits are finalised.

If I continued to work remotely for the UK office from the US, and continued to draw my salary for doing so, would I be violating the immigration laws here? In theory, i am a UK resident working for a UK company but from my home here that I share with my wife.

Any advice appreciated.

It should not be a problem.

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Yes you would be violating immigration laws. Since you don't have a permit to work. It doesn't matter that your company is in the UK, or you are a UK resident. You are on American soil, therefore need a permit to work.

in correct

[DJarrett04]

It should not be a problem.

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in correct

Perfect, thank you so much for clarifying. This ensures I can have some sort off income during my wait.

i got a bank account set up last week with a US bank; would my UK company paying my income in to that be an issue or should i keep getting them to pay in to my UK account? I would save some money by not having to keep transferring it over to the US and having them pay it directly in to a USD account from their USD account.

[azblk]

Perfect, thank you so much for clarifying. This ensures I can have some sort off income during my wait.

i got a bank account set up last week with a US bank; would my UK company paying my income in to that be an issue or should i keep getting them to pay in to my UK account? I would save some money by not having to keep transferring it over to the US and having them pay it directly in to a USD account from their USD account.

At this point it is a little too early to be worried worried about the details as you are technically still a resident of the UK on an extended vacation. When you receive your green card however there will be tax implications on the income earned abroad and you are best served reading up on income earned abroad or talking to a tax specialist.

[ewilliams]

It should not be a problem.

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in correct

yes you are absolutely incorrect and are giving this man wrong information.
Any work inside the US where you get paid for is illegal if not having a EAD

[DJarrett04]

yes you are absolutely incorrect and are giving this man wrong information.
Any work inside the US where you get paid for is illegal if not having a EAD

I have emailed an immigration attorney who is a friend-of-a-friend and was giving me some free advice on Visas. I will let you know what he comes up with on here to settle the topic.

[azblk]

yes you are absolutely incorrect and are giving this man wrong information.
Any work inside the US where you get paid for is illegal if not having a EAD

From the horses mouth:


The UC Citizenship & Immigration Service says:

You cannot draw any salary from a United States entity.
It is permissible to conduct business activities on behalf of a foreign employer, but no salary may come from a U.S. source. In some cases, however, you may receive reimbursement from a U.S. source for reasonable incidental expenses incurred while in the United States. [That might be something like a free hotel room while you give a speech on behalf of your foreign employer]

Generally speaking, you cannot engage in any activity or perform a service that would constitute local employment for hire within the United States. What constitutes local employment for hire will depend on the circumstances of each case, but generally speaking, any activity you perform in the United States must be directly connected with and part of your work abroad.

[DJarrett04]

From the horses mouth:


The UC Citizenship & Immigration Service says:

You cannot draw any salary from a United States entity.
It is permissible to conduct business activities on behalf of a foreign employer, but no salary may come from a U.S. source. In some cases, however, you may receive reimbursement from a U.S. source for reasonable incidental expenses incurred while in the United States. [That might be something like a free hotel room while you give a speech on behalf of your foreign employer]

Generally speaking, you cannot engage in any activity or perform a service that would constitute local employment for hire within the United States. What constitutes local employment for hire will depend on the circumstances of each case, but generally speaking, any activity you perform in the United States must be directly connected with and part of your work abroad.

Perfect, that clarifies everything I needed to know and ensure i can have a sustained income of some sort at least. No one likes to be completely dependant on their partner!!!

Thank you for your help in clearing that up, so far this site has been incredibly helpful.

[inadmissible]

"business activities" are very narrowly construed - think of B-1 eligible activities

any work that does not fit within that will be unauthorized employment

not that it matters - unauthorized employment is disregarded for applicants of adjustment of status as an immediate relative (eg on the basis of marriage to a US citizen)

[boogiewoogie]

"business activities" are very narrowly construed - think of B-1 eligible activities

any work that does not fit within that will be unauthorized employment

not that it matters - unauthorized employment is disregarded for applicants of adjustment of status as an immediate relative (eg on the basis of marriage to a US citizen)

with the exception that it should stay under 180 days! If it's over 180 days there can be consequences.

[azblk]

with the exception that it should stay under 180 days! If it's over 180 days there can be consequences.

You are thinking of employment based. There is no exception for family based but at the same time it is disregarded for immediate relatives.

[inadmissible]

You are thinking of employment based. There is no exception for family based but at the same time it is disregarded for immediate relatives.

Yup. You can have ten, twenty, whatever years of unauthorized employment and STILL adjust your status to permanent residency as an immediate relative of a United States citizen

[arijitsarkar]

From the horses mouth:


The UC Citizenship & Immigration Service says:

You cannot draw any salary from a United States entity.
It is permissible to conduct business activities on behalf of a foreign employer, but no salary may come from a U.S. source. In some cases, however, you may receive reimbursement from a U.S. source for reasonable incidental expenses incurred while in the United States. [That might be something like a free hotel room while you give a speech on behalf of your foreign employer]

Generally speaking, you cannot engage in any activity or perform a service that would constitute local employment for hire within the United States. What constitutes local employment for hire will depend on the circumstances of each case, but generally speaking, any activity you perform in the United States must be directly connected with and part of your work abroad.

+++++

Hi,

I have the exact same situation / question and I was looking at the USCIS website for this text and I couldn't find anything ( Could you point me to the link if possible? I need to figure out the situation with my company based on this rule

Rgds

[patelshiv11]

Hello,

Anyone got answer to this question.. I am also looking to work remotely for a Canadian employer while my EAD is pending ?