Working for UK co in USA

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Feb 26th 2018, 7:26 pm

#16

tom169

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Joined: Mar 2015

Location: NC, USA (ex Yorkshire)

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Re: Working for UK co in USA

Quote:

Originally Posted by Stewart J

Thanks Tom. Very helpful. My employer ia a bank with a slightly anal hr and legal dept. Any ideas where i could go for a formal written legal opinion on what you've just stated?

An immigration attorney?

Feb 26th 2018, 7:27 pm

#17

Pulaski

Joined: Dec 2001

Location: Dixie, ex UK

Posts: 52,448

Re: Working for UK co in USA

Quote:

Originally Posted by Stewart J

Thanks. A slightly more technical follow up question.... we're moving from London. My understanding is that the greencard takes between 2 and 8 weeks to arrive once you enter the US. Would i be ok to work as a contractor for a British company during that period or do i need to wait for the greencard?

Quote:

Originally Posted by Stewart J

Thanks Tom. Very helpful. My employer ia a bank with a slightly anal hr and legal dept. Any ideas where i could go for a formal written legal opinion on what you've just stated?

What Tom said! ..... I started work just a few days after I arrived, and five weeks before I received my actual green card. The I-551 stamp in your passport is a green card, and you don't need to wait for the card to exercise your rights as a permanent resident.

Further to the above I would also point out that you do not need a SSN either to start work. So it would be perfectly legal and proper for you to start work the moment you have cleared immigration at the airport, with your I-551 stamp in your passport, literally right there in the airport if you had a job lined up.

Feb 26th 2018, 7:33 pm

#18

Pulaski

Joined: Dec 2001

Location: Dixie, ex UK

Posts: 52,448

Re: Working for UK co in USA

Quote:

Originally Posted by Stewart J

Thanks Tom. Very helpful. My employer ia a bank with a slightly anal hr and legal dept. Any ideas where i could go for a formal written legal opinion on what you've just stated?

You could refer them to the USCIS web site, which confirms the interchangeability of "I-551" and "Green Card.

Have you been asked for this information? .... I suspect that your future employer already knows this, and you won't have a problem.

Feb 26th 2018, 8:50 pm

#19

Stewart J

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Re: Working for UK co in USA

Thanks for your help. The employer in question is my current employer that i have worked for in London since 2013. I am looking into trying to continue working for them on a contractual basis when i move to the US. They have no knowledge of US tax rules but will be worried about violating any.

Feb 26th 2018, 8:54 pm

#20

Nutmegger

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Re: Working for UK co in USA

Quote:

Originally Posted by Stewart J

If you work as an independent contractor, and submit a bill to the UK company for services rendered, there are no rules for them to violate -- the onus is on you. You just have to file quarterly estimated taxes with the IRS and your state (if relevant) and everyone will be happy.

Feb 26th 2018, 9:55 pm

#21

Pulaski

Joined: Dec 2001

Location: Dixie, ex UK

Posts: 52,448

Re: Working for UK co in USA

Quote:

Originally Posted by Nutmegger

If you work as an independent contractor, and submit a bill to the UK company for services rendered, there are no rules for them to violate -- the onus is on you. ....

You are correct, however Uncle Sam has a very low tolerance of banks violating US laws and I can understand why a bank might not want to be seen to be facilitating unlawful work by someone in the US. ..... But per Tom's advice, and mine above, and also per your post, once Stewart J enters the US on his CR-1, be becomes a permanent resident immediately and therefore neither he, nor his "employer" will be violating any US employment laws.

As you correctly point out, once he becomes a permanent resident, it is up to Stewart J to comply with IRS tax laws and make required SS contributions, and pay relevant state taxes, and workers comp and unemployment insurance.