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Working a UK-based Job from US While on K-1 Visa

Working a UK-based Job from US While on K-1 Visa

Old Jan 14th 2016, 2:28 pm
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Default Working a UK-based Job from US While on K-1 Visa

Afternoon all

First-time poster here. I was wondering if anyone has any experience/knowledge of whether or not it is allowed to work a UK-based job from over in the US while in the country on a K1 Visa?

I'm aware that it's not permitted to work in the US while there on a K1, but it's my understanding that this is to prevent a non-resident from taking a US job. However my job in the UK is an IT job doing remote support, so basically as long as I can call people and connect to the internet I can perform 90% of my role. This would not be a job otherwise open to a US citizen so I'm not taking someone else's job.

Obviously I don't want to risk my Visa application by doing something that I shouldn't, so I was just wondering - has anyone done this or looked into it at all?


Many thanks,

Shafto.
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Old Jan 14th 2016, 3:05 pm
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Default Re: Working a UK-based Job from US While on K-1 Visa

Originally Posted by shafto
I'm aware that it's not permitted to work in the US while there on a K1...
On the contrary, you are allowed to work for the full 90-day validity of your K-1 but, after that, you'll need an EAD (Employment Authorization Document) to work. You can't apply for an EAD until you're married and have applied to adjust your status, but the EAD application is free when you file an AOS. Once you have an EAD, you can continue to work remotely for your UK employer. Indeed, once you have an EAD, you can work for whomever you like... including yourself.


... it's my understanding that this is to prevent a non-resident from taking a US job.
That actually has nothing to do with it - but that seems to be part of the mythos that refuses to die.

But, that all said, you are not allowed to work in the interim between the end of the 90-day validity of your K-1 and you getting the EAD in your hands. As a practical matter... will anyone find out about it if you do work for your UK employer? Likely not... and any unauthorized work is routinely forgiven for the spouse of a US citizen - but that's not quite the same thing as being allowed to work during that interim period.

Ian
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Old Jan 15th 2016, 12:49 am
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Default Re: Working a UK-based Job from US While on K-1 Visa

Originally Posted by ian-mstm
On the contrary, you are allowed to work for the full 90-day validity of your K-1 but, after that, you'll need an EAD (Employment Authorization Document) to work. You can't apply for an EAD until you're married and have applied to adjust your status, but the EAD application is free when you file an AOS. Once you have an EAD, you can continue to work remotely for your UK employer. Indeed, once you have an EAD, you can work for whomever you like... including yourself.



That actually has nothing to do with it - but that seems to be part of the mythos that refuses to die.

But, that all said, you are not allowed to work in the interim between the end of the 90-day validity of your K-1 and you getting the EAD in your hands. As a practical matter... will anyone find out about it if you do work for your UK employer? Likely not... and any unauthorized work is routinely forgiven for the spouse of a US citizen - but that's not quite the same thing as being allowed to work during that interim period.

Ian
Wow, many thanks for the response Ian, you've definitely given me a lot of food for thought!

Regards,

Shafto.
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Old Jan 15th 2016, 12:12 pm
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Default Re: Working a UK-based Job from US While on K-1 Visa

Originally Posted by shafto
Wow, many thanks for the response Ian, you've definitely given me a lot of food for thought!
Here's another thought to digest... but it requires careful planning. If, for example, you were to marry within a week of arriving in the US and a few days later applied to adjust your status, it's very likely that you'd have an EAD in hand before the end of the 90-day validity of your K-1 visa. In that case, you'd have unbroken authorization to work. The EAD usually arrives about 60-70 days after applying.

Ian
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Old Jan 15th 2016, 3:22 pm
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Default Re: Working a UK-based Job from US While on K-1 Visa

Originally Posted by ian-mstm
Here's another thought to digest... but it requires careful planning. If, for example, you were to marry within a week of arriving in the US and a few days later applied to adjust your status, it's very likely that you'd have an EAD in hand before the end of the 90-day validity of your K-1 visa. In that case, you'd have unbroken authorization to work. The EAD usually arrives about 60-70 days after applying.

Ian
Wow great advice. I may just do that! Sorry to hijack thread OP
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Old Jan 16th 2016, 11:51 am
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Default Re: Working a UK-based Job from US While on K-1 Visa

No problem at all for the hijack Tom and many thanks once again Ian!

I had thought that I may need to spend at least a couple of months volunteering somewhere to keep myself busy so that's definitely good news, although weirdly I was kinda looking forward to the volunteering. With that said, I hate the thought of not being able to contribute financially so being able to work is definitely a huge plus.

Lots to think about! Thanks again Ian.

Shafto.

P.s. If anyone knows of any jobs going in the chicagoland area, give me a shout! :P
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Old Jan 16th 2016, 12:16 pm
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Default Re: Working a UK-based Job from US While on K-1 Visa

Originally Posted by shafto
No problem at all for the hijack Tom and many thanks once again Ian!

I had thought that I may need to spend at least a couple of months volunteering somewhere to keep myself busy so that's definitely good news, although weirdly I was kinda looking forward to the volunteering. With that said, I hate the thought of not being able to contribute financially so being able to work is definitely a huge plus.

Lots to think about! Thanks again Ian.

Shafto.

P.s. If anyone knows of any jobs going in the chicagoland area, give me a shout! :P
I was also considering that. I need something to keep me busy, so was planning on sorting out the new house and attending job interviews.

It was my understanding that you could interview, but not sign contracts.

I guess after learning this I will probably organise some small contract work to put me through the start. (I'm a software engineer)
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Old Jan 16th 2016, 1:04 pm
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Default Re: Working a UK-based Job from US While on K-1 Visa

Tom169,

The problem with working for a US employer is that they will most likely want you to complete an I -9 form, which verifies your right to work. As a K-1 visa holder, you won't have this proof to show the employer and to complete the form.

Shafto doesn't have this problem because his UK employer won't be asking for an I-9 form.

If you're thinking of being self-employed, that's ok because you won't need to do an I -9 for yourself.

Rene

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Old Jan 16th 2016, 1:05 pm
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Default Re: Working a UK-based Job from US While on K-1 Visa

Originally Posted by Noorah101
Tom169,

The problem with working for a US employer is that they will most likely want you to complete an I -9 form, which verifies your right to work. As a K-1 visa holder, you won't have this proof to show the employer and to complete the form.

Shafto doesn't have this problem because his UK employer won't be asking for an I-9 form.

Rene
Right, sorry, I should have been clearer, I'll do contract work for uk based organisations
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Old Jan 16th 2016, 1:07 pm
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Default Re: Working a UK-based Job from US While on K-1 Visa

Originally Posted by tom169
Right, sorry, I should have been clearer, I'll do contract work for uk based organisations
Ah, ok...that would be fine.

Rene
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Old Jan 16th 2016, 7:40 pm
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Default Re: Working a UK-based Job from US While on K-1 Visa

Ok I'm confused. Whenever I Google 'can you work on a k1 visa', everything is telling me that essentially it's not possible.

The results suggest you can only work on a k1 if you have an EAD. As the EAD takes 45-90 days to arrive, it's pretty much pointless for me to try and work while on a k1 and I should just focus on getting my AOS/EAD.

Which is what prompted my original question about working my UK job from over there.

Perhaps an immigration lawyer may be the best bet.

Last edited by shafto; Jan 16th 2016 at 7:42 pm.
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Old Jan 16th 2016, 8:03 pm
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Default Re: Working a UK-based Job from US While on K-1 Visa

Originally Posted by shafto
Ok I'm confused. Whenever I Google 'can you work on a k1 visa', everything is telling me that essentially it's not possible.

The results suggest you can only work on a k1 if you have an EAD. As the EAD takes 45-90 days to arrive, it's pretty much pointless for me to try and work while on a k1 and I should just focus on getting my AOS/EAD.

Which is what prompted my original question about working my UK job from over there.

Perhaps an immigration lawyer may be the best bet.
A K-1 visa holder is authorized to work "incident to status", which means you are allowed to work during the first 90 days in the USA. It used to be the case that a K-1 visa holder would get an EAD stamp at the POE, valid for 90 days. Then they get a `1-year EAD when applying for AOS, which took about 90 days to get in hand after submitting AOS.

Nowadays, the K-1 holder is still authorized to work during the first 90 days after arrival, but they no longer give out the EAD stamp at the POE, so you have no initial proof of having work authorization. One CAN apply for an EAD immediately upon arrival (for a $300+ fee), but that card takes up to 90 days to arrive, and is only valid the first 90 days in the USA, so THAT is essentially a waste of money. You still get the 1-year EAD after applying for AOS as usual.

The EAD is just proof of work authorization, it's not the authorization itself.

So nowadays, a K-1 visa holder, upon entry to the USA, has automatic work authorization for the first 90 days in the USA, but will have no proof of such to show a US employer. If one is working for a non-US employer, or is self-employed, no proof is needed, so the work can be done. If you can find an employer who doesn't need you to complete an I-9 upon employment, then you're good to go for your first 90 days in the USA. After that, you need the 1-year EAD in hand.

Rene
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Old Jan 16th 2016, 8:22 pm
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Default Re: Working a UK-based Job from US While on K-1 Visa

Originally Posted by shafto
Ok I'm confused. Whenever I Google 'can you work on a k1 visa', everything is telling me that essentially it's not possible.
The law states you are authorized to work "incident to status" when you enter the US on a K-1 visa. There's a difference, however, between being authorized to work, and having proof that you're authorized to work. If you're trying to get a job with a US-based employer within the 90-day validity of the K-1, you don't have proof sufficient to complete an I-9 which is required by US employers. You are, though, still authorized to work for anyone that doesn't require an I-9... such as a UK (or other non-US) employer.


Perhaps an immigration lawyer may be the best bet.
Sure... if you'd like to waste the money to learn what you've already been told. If in doubt, feel free to read the law yourself... it'll tell you what we here are saying.

As I said, don't confuse authorization with proof of authorization... they aren't the same.

Ian
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Old Jan 17th 2016, 4:51 am
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Default Re: Working a UK-based Job from US While on K-1 Visa

I would consult at least 6 lawyers. My money is on 6 different answers.
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