L2 Visa clarification

[senny78]

Currently am working outside US, My company allows to work from remote location(from Home), I have a L2 Visa, Am planning to continue my Job by working from home after entering to US, I will be on my home country payroll(not US Payroll), Am i legally allowed to do that or should i get an EAD?

[raghvi]

Currently am working outside US, My company allows to work from remote location(from Home), I have a L2 Visa, Am planning to continue my Job by working from home after entering to US, I will be on my home country payroll(not US Payroll), Am i legally allowed to do that or should i get an EAD?

You need an EAD.

This is my opinion not legal advice.

[lianajett]

As you are not a US citizen nor green card holder, definitely you should get EAD.

[senny78]

You need an EAD.

This is my opinion not legal advice.

Thanks Raghvi for the update.

Am aware that i need an EAD to find an employment in US. But in my case am not going to be part of any company in US, i would still be part of my current employer, do work from home after coming to US, get my salary in my home country, there is absolutely no salary transactions in US. For this situation would i still need to have an EAD?

[raghvi]

Thanks Raghvi for the update.

Am aware that i need an EAD to find an employment in US. But in my case am not going to be part of any company in US, i would still be part of my current employer, do work from home after coming to US, get my salary in my home country, there is absolutely no salary transactions in US. For this situation would i still need to have an EAD?

EAD is not only to be eligible for employment in US but also for employment on US soil, irrespective where the actual employer resides.

With the advent of globalization and "virtual office" many of these things are not defined clearly in the laws. But from a logical point, you would be using resources (land/food/internet etc.) provided in US to provide service for a foreign country based employer hence should obtain authorization to do so .

As for salary, if you are aware, you need to report all your global income in your US tax returns provided you meet the residential criteria of stay. I would also advise you to talk to a tax expert as to how to report your non US income while filing US tax returns.

This is my opinion not legal advice.

[long11]

Hi

I'm in an (almost) similar situation, I've posted a new topic as it slightly differs.

I thought this might be of interest to you :

"Does U.S. immigration law prohibit a foreign citizen from fulfilling an employment agreement with a company incorporated and doing business abroad?

Before answering, assume the agreement specifies that the required activities will involve creating and saving work product, through the use of a web browser in “the cloud,” with the cloud’s servers located on foreign soil.

Assume further that the agreement allows the foreign citizen to work from anywhere in the world, is made before the individual enters the U.S., and provides that salary payment shall be in a foreign (non-U.S.) currency with direct deposit into a foreign bank account and provides that the law of the foreign state and the courts of that state where the employer has its headquarters shall govern any disputes that may arise between employer and employee.

On these assumed facts, does the foreign employer or employee violate American immigration law if the employee fulfills his or her part of the bargain from a residence in the United States? My answer is: Probably not, because the mere fortuity that the work is performed from within the U.S. rather than in any other country is too slim a fact to give the U.S. under conflicts of law principles a legitimate interest in applying American law. After all, no American workers were harmed by the work performed under this contract."

[raghvi]

Hi

I'm in an (almost) similar situation, I've posted a new topic as it slightly differs.

I thought this might be of interest to you :

"Does U.S. immigration law prohibit a foreign citizen from fulfilling an employment agreement with a company incorporated and doing business abroad?

Before answering, assume the agreement specifies that the required activities will involve creating and saving work product, through the use of a web browser in “the cloud,” with the cloud’s servers located on foreign soil.

Assume further that the agreement allows the foreign citizen to work from anywhere in the world, is made before the individual enters the U.S., and provides that salary payment shall be in a foreign (non-U.S.) currency with direct deposit into a foreign bank account and provides that the law of the foreign state and the courts of that state where the employer has its headquarters shall govern any disputes that may arise between employer and employee.

On these assumed facts, does the foreign employer or employee violate American immigration law if the employee fulfills his or her part of the bargain from a residence in the United States? My answer is: Probably not, because the mere fortuity that the work is performed from within the U.S. rather than in any other country is too slim a fact to give the U.S. under conflicts of law principles a legitimate interest in applying American law. After all, no American workers were harmed by the work performed under this contract."

Wouldn't that hold true for anyone staying in US then? What stops one from extrapolating it to any other visa type? This is my opinion not legal advice.