LouisB

Quick question.

Are there any laws preventing work outside of the US for a non-US citizen working under a visa, temporarily of course (otherwise it would undermine the reasons for visa).

I'm not aware of anything but I'm no expert, over to the experts. What are the laws, rules and regulations over this?

Would they change if the company was a UK founded/HQ'd company vs. a solely US based company?

Noorah101

I'm no expert, but I believe you can work for anyone outside the USA, of course you must physically be outside the USA.

While you are physically inside the USA, you can only work for your sponsoring employer.

Rene

LouisB

Hi Rene, thanks for the reply.

While in the USA you can only work for sponsoring employer, absolutely - I'm clear on that.

In terms of the other way around, while in UK you could I suppose work for anyone if your sponsor didn't mind or cancel your current sponsorship/job. Wouldn't be illegal but maybe unlikely supported by many employer T&C's.

However, I guess the question I had in mind was more specific and I didn't make it very clear, my bad.

The specific case I had in mind was:

Any rules, laws, etc to prevent a UK citizen working for his US sponsor company (an international British company with offices and HQ in London) physically in the UK temporarily, say while back in UK for a visit. A few days here and there.

I mean for short periods of time, while fulfilling US job roles, under US tax rules, basically working remotely or in overseas offices temporarily and maybe from time to time.

I'm not aware of anything, it would seem a little restrictive and I've known people to work for US remotely from UK before, however not sure if subtle differences once taking a US job.

For example I've also worked for UK HQ of same company as UK employee temporarily from the European mainland before, it was never an issue.

Wondering if situation having now taken US role for same company still holds or US is more restrictive. If so, how, what, what are the rules and conditions?

deadshoppingmalls

You seem to be over thinking things....

I was sponsored to moved over to the US on a visa to work for a company on the L1 visa. Every quarter I'd usually go over to HQ or a regional office in the EU for work, where I would partake in meetings but also do my day to day work either from the office or a hotel that I was sponsored to do in the US.

When re-entering the US, they'd ask why I was out of the country, and I'd simply say "work" or "business". They'd stamp me back in and be on my way. The only time this could technically become an issue is if you spend more than 183 days out of the country meaning that you are no longer a resident for TAX purposes (which is separate from an immigration/visa issues).

But stop over thinking things...it's normal in the globalized world to go visit your company's headquarters and work from there. USCIS may be a big monolithic organization but they also sometimes exhibit common sense in these types of things.

ian-mstm

While you're in the US, you can work only for your visa sponsor - as you already know. However, neither your visa sponsor nor the US government has any jurisdiction over what you do when you're not in the US. Your visa sponsor has absolutely no say in what you do when you're not in the US. You are also under no obligation whatsoever, to tell either your visa sponsor or the US government what work you do when you're outside the US.

IOW, if you're not in the US, you can work for whomever you want whenever you want.

Ian

LouisB

Hi,

Thanks so much for what I'd hoped and I guess also assumed would be the case.

So the situation is, having already discussed with my employer the need and desire to work from UK occasionally (keep in mind I've just been doing exactly that for same company for a few years) and been told, yeah of course no issue, and having gone over there and got started and come back to the UK on the understanding we're finishing up attending to our UK matters (few weeks) before proper return for good, I've since return been told this is not OK (to work from the UK temporarily).

I've been told not to log on etc or do any work. However I've been given no reason why either, hopefully I'll find out why next week, as I'm baffled.

This somewhat messes up both our agreed plans for transitioning to the US and the idea that once in a while we could return while I can still work the odd day. Which ought to be ok to any reasonable person or company I would have thought.

Bit concerned really and confused if I'm honest.

Come to think of it this must be quite normal, I'm sure I've heard of others doing this.

Wondered if there were bizarre rules or laws that I'd until now taken for granted.

Unless it can be a state law, a local one. If there was a law I can't help think they would have mentioned it, mentioned it sooner...

Pulaski

Ian is, of course, correct. But if you're liable for US taxes you'd better make damn sure that your overseas earned (and unearned) income makes it on to your US tax return. Money earned, tax paid, overseas comes with a credit in the US for tax already paid.

LouisB

So my situation is not wanting to work for anyone else, or earn additional £, just simply to work for US division in $ while temporarily overseas in the UK, while fully paying all US tax etc as normal. Everything same, except where my physical body is located for a few weeks. I.e. do my job, overseas of the US in the UK for a short period of time.

Sounds like there is no general reason why this should be a problem.

Which begs the question, why is it a problem at all.

Noorah101

Who told you not to do it?

Rene

LouisB

Employer, but I'm hearing it 2nd hand via manager.

Apparently an HR issue.

But they've not said why, hence wanted to check if perhaps I'd overlooked some strange laws, vs. this just being a work / procedural issue.

Especially frustrating since I've already been doing this work in UK. There are compelling reasons why I should continue to do it in the US primarily but none I can think of preventing me carrying on in the UK from time to time.

Pulaski

It sounds similar to the reverse (UK <-> US) of the question we here frequently here on BE - if you're on the US payroll you have to pay US income and payroll taxes, but if you are physically located in the UK while working you I, I believe, liable for British income tax and NI. .... Whether HMR&C would notice is a different question.

I would guess that the HR issue will be having someone on the US payroll who doesn't have authorisation to work in the US, AND potentially controlling whether you are truly outside the US at all times when you're working.

LouisB

Doesn't seem to be a payroll issue, in fact they will pay me in this instance, for a while at least, since they failed to mention it.

Tax reporting aside, which is going to have to reflect my uk and us income and assets for the year, I don't know why I've been told not to log on.

I doubt doing this is a rare occurrence. Sounds if anything like it is quite common, especially for UK ex pats in the US working for UK company under transfer, who may from time to time visit home to see friends and family. Working from old UK location a little (or remote) seems natural.

Just like when I was UK based and logged in remotely, if my managers didn't mind, logging in from somewhere, even the US or Europe was never before an issue.

Pulaski

Yeah, but I thought the situation is that you are not authorized to work in the US. That is what makes it unusual. .... Or am I mistaken and you are authorized to work in the US?

LouisB

Yes, recently got a visa and have been out there and started working, all completely fine. visa was issued for 5yr and I'm a full time employee in the new job, the job is perm, no end date as such.
Coming back for a few weeks has caused the issue.
Don't think it's a visa issue, I'm ok to work and would be if in the US physically.

ian-mstm

Whoever told you that is an idiot - and has no idea what they're suggesting... which is, in a nutshell, that the US has jurisdiction over the UK in matters of employment. Yah... they're clearly an idiot - and you should feel free to tell them I said so.

Ian