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Is "work" for foreign Phd OK without EAD?

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  • Is "work" for foreign Phd OK without EAD?

    I looked carefuly at the USCIS rules and can't seem to find anything that fits this situation:

    My fiancee recently began a Phd program in her home country. While she is a "student" in a sense, she is paid - similar to a stipend in the U.S. I suppose. She may be permitted to remain in the program while residing in the U.S. She would basically write papers and do research in the U.S. and would travel back home a few times a year to meet with her supervisor, attend meetings, etc.

    The problem I see is that she would have to seamlessly continue the program immediately upon arriving here, so waiting months for the EAD would be out of the question. Would this be considered "work" that would fall under the rules of the EAD? We're hoping that the Phd aspect qualifies it as education as opposed to employment. Anyone been in a similar situation?

  • #2
    EAD Ph.d in home country

    Originally posted by jbiel590 View Post
    I looked carefuly at the USCIS rules and can't seem to find anything that fits this situation:

    My fiancee recently began a Phd program in her home country. While she is a "student" in a sense, she is paid - similar to a stipend in the U.S. I suppose. She may be permitted to remain in the program while residing in the U.S. She would basically write papers and do research in the U.S. and would travel back home a few times a year to meet with her supervisor, attend meetings, etc.

    The problem I see is that she would have to seamlessly continue the program immediately upon arriving here, so waiting months for the EAD would be out of the question. Would this be considered "work" that would fall under the rules of the EAD? We're hoping that the Phd aspect qualifies it as education as opposed to employment. Anyone been in a similar situation?

    You have not mentioned what does she do here in US. Does she get paid by the US or from home country. If she is getting paid from home country, she does not require a EAD. She requires EAD to work IN THE USA and get PAID BY the US EMPLOYER

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