Can I telework in US without work permission?
Jan 20th 2003, 9:32 am
#1
Guest
Posts: n/a
Can I telework in US without work permission?
I am going to visit US without the work permit (on a nonimmigration visa).
My current employer allows me to travel but under one condition:
I am required to work remotely via fax and e-mail
and help him with the new projects here in Poland.
These projects occur occasionally - there are a long stretches of free time
and suddenly really exhausting work twenty hours per day for several weeks.
Enough to travel in lazy periods.
I am a facade engineer.
I sell my knowledge working on the drawings and on the computer software.
Our prospect project are located outside the US - in Poland.
The employer is also outside the US - in Poland.
I still keep my job in Poland, but with comfort of travelling where I wish.
I will not possess someone other's job on local US market.
Assessing this situation from the common sense viewpoint
such a telework should be allowed..
But I am aware the law is not necessarily aligned to the common sense.
Do you know - what are the US immigration ( or labor ) law regulations
telling about my situation.
Should I declare in the INS my work intentions ?
Thanks in advance for all answers.
My current employer allows me to travel but under one condition:
I am required to work remotely via fax and e-mail
and help him with the new projects here in Poland.
These projects occur occasionally - there are a long stretches of free time
and suddenly really exhausting work twenty hours per day for several weeks.
Enough to travel in lazy periods.
I am a facade engineer.
I sell my knowledge working on the drawings and on the computer software.
Our prospect project are located outside the US - in Poland.
The employer is also outside the US - in Poland.
I still keep my job in Poland, but with comfort of travelling where I wish.
I will not possess someone other's job on local US market.
Assessing this situation from the common sense viewpoint
such a telework should be allowed..
But I am aware the law is not necessarily aligned to the common sense.
Do you know - what are the US immigration ( or labor ) law regulations
telling about my situation.
Should I declare in the INS my work intentions ?
Thanks in advance for all answers.
Jan 20th 2003, 11:45 am
#2
Banned
Joined: Aug 2002
Posts: 7,613
I don't agree with your suggestion that it is common sense to allow you to telework in the US without a work visa.
Someone who (say) just replied to emails etc whilst temporarily visiting the US might not be deemed to be working.
But in your case you sound as if you plan to be in the US for a substantial amount of time (ie more than 2 weeks) and work so you would be deemed to be working there (regardless of the fact you send your completed work outside the US).
Someone who (say) just replied to emails etc whilst temporarily visiting the US might not be deemed to be working.
But in your case you sound as if you plan to be in the US for a substantial amount of time (ie more than 2 weeks) and work so you would be deemed to be working there (regardless of the fact you send your completed work outside the US).
Jan 20th 2003, 7:25 pm
#3
Guest
Posts: n/a
Re: Can I telework in US without work permission?
"I don't agree with your suggestion that it is common sense to allow you
to telework in the US without a work visa."
"....you would be deemed to be working there (regardless of the fact you
send your completed work outside the US)."
Though strayed out from the subject, thank you for your answer
I believe these restrictions are designed to protect local labor market
against the newcomers.
(Correct me if I am wrong.)
The newcomers constitute the threat to a slightly lazy and overpaid
(sorry, if it pains, but the true sometimes does), domestic labor society
because the newcomers are competitive, flexible, more determinated and
willing to work for lesser salary.
They also present the threat to labour unions' deals because they can be
used as strikebreakers, etc...
Every Labor and Immigration Department protects the rights of citizens of
its country by constituting the laws which keep forreign workers far away
from the borders.
More or less succesfully, but forcefully.
Most countries have such a regulations, created under the pressure of labor
parties and all economists agree they are a serious barrier for their
economic development, especially in case of qualified workforce.
Poland has unfortunately similiar regulations used against workers from
former Soviet Union and personally I do not like these restrictions, because
in my opinion they are good workers. In my opinion all people are even.
In my case I am not going to violate the laws of american workers,
who are interested in keeping their secure jobs, wages and privileges.
My job does not alter their situation at all.
One can even say I will improve your local economy
because I will spend my foreign money there.
From the other hand I can imagine the situation, that someone like me would
like to conceal his/her illegal work for the US investor by saying:
"I am going to send this job abroad".
But actually this is impossible - there is the real building created in only
one place on earth and its documentation is unique and very easy to
identify.
Such a fraud does not work in case of the control.
This is very difficult to chase, but it is a theme for another story.
Lets imagine the situation, that I am an author, writing my book in silence
and peace of one of your small and nice village cottages far from the noice
of NYC..
or I am a photographer who is taking photos of your beautiful miracles of
nature somewhere in one of your National Parks for a foreign editor.
Or I am a professional sportsman who is training and building hi/her body
in the US, in order to win the competition organised elsewhere?
What harm do I constitute for the rights of citizens of your country?
Do I qualify to deportation in handcuffs and "entry prohibited" stamp in my
passport?
How would you be able to draw the fine boundary between work and hobby or
other activities?
I insist these activities should not be prohibited from the common sense
point of view.
to telework in the US without a work visa."
"....you would be deemed to be working there (regardless of the fact you
send your completed work outside the US)."
Though strayed out from the subject, thank you for your answer
I believe these restrictions are designed to protect local labor market
against the newcomers.
(Correct me if I am wrong.)
The newcomers constitute the threat to a slightly lazy and overpaid
(sorry, if it pains, but the true sometimes does), domestic labor society
because the newcomers are competitive, flexible, more determinated and
willing to work for lesser salary.
They also present the threat to labour unions' deals because they can be
used as strikebreakers, etc...
Every Labor and Immigration Department protects the rights of citizens of
its country by constituting the laws which keep forreign workers far away
from the borders.
More or less succesfully, but forcefully.
Most countries have such a regulations, created under the pressure of labor
parties and all economists agree they are a serious barrier for their
economic development, especially in case of qualified workforce.
Poland has unfortunately similiar regulations used against workers from
former Soviet Union and personally I do not like these restrictions, because
in my opinion they are good workers. In my opinion all people are even.
In my case I am not going to violate the laws of american workers,
who are interested in keeping their secure jobs, wages and privileges.
My job does not alter their situation at all.
One can even say I will improve your local economy
because I will spend my foreign money there.
From the other hand I can imagine the situation, that someone like me would
like to conceal his/her illegal work for the US investor by saying:
"I am going to send this job abroad".
But actually this is impossible - there is the real building created in only
one place on earth and its documentation is unique and very easy to
identify.
Such a fraud does not work in case of the control.
This is very difficult to chase, but it is a theme for another story.
Lets imagine the situation, that I am an author, writing my book in silence
and peace of one of your small and nice village cottages far from the noice
of NYC..
or I am a photographer who is taking photos of your beautiful miracles of
nature somewhere in one of your National Parks for a foreign editor.
Or I am a professional sportsman who is training and building hi/her body
in the US, in order to win the competition organised elsewhere?
What harm do I constitute for the rights of citizens of your country?
Do I qualify to deportation in handcuffs and "entry prohibited" stamp in my
passport?
How would you be able to draw the fine boundary between work and hobby or
other activities?
I insist these activities should not be prohibited from the common sense
point of view.
Jan 30th 2003, 7:14 pm
#4
Guest
Posts: n/a
Re: Can I telework in US without work permission?
Karol_K wrote:
>
> "I don't agree with your suggestion that it is common sense to allow you
> to telework in the US without a work visa."
> "....you would be deemed to be working there (regardless of the fact you
> send your completed work outside the US)."
>
> Though strayed out from the subject, thank you for your answer
>
> I believe these restrictions are designed to protect local labor market
> against the newcomers.
> (Correct me if I am wrong.)
>
> The newcomers constitute the threat to a slightly lazy and overpaid
> (sorry, if it pains, but the true sometimes does), domestic labor society
> because the newcomers are competitive, flexible, more determinated and
> willing to work for lesser salary.
> They also present the threat to labour unions' deals because they can be
> used as strikebreakers, etc...
> Every Labor and Immigration Department protects the rights of citizens of
> its country by constituting the laws which keep forreign workers far away
> from the borders.
> More or less succesfully, but forcefully.
>
> Most countries have such a regulations, created under the pressure of labor
> parties and all economists agree they are a serious barrier for their
> economic development, especially in case of qualified workforce.
>
> Poland has unfortunately similiar regulations used against workers from
> former Soviet Union and personally I do not like these restrictions, because
> in my opinion they are good workers. In my opinion all people are even.
>
> In my case I am not going to violate the laws of american workers,
> who are interested in keeping their secure jobs, wages and privileges.
> My job does not alter their situation at all.
> One can even say I will improve your local economy
> because I will spend my foreign money there.
>
> From the other hand I can imagine the situation, that someone like me would
> like to conceal his/her illegal work for the US investor by saying:
> "I am going to send this job abroad".
> But actually this is impossible - there is the real building created in only
> one place on earth and its documentation is unique and very easy to
> identify.
> Such a fraud does not work in case of the control.
> This is very difficult to chase, but it is a theme for another story.
>
> Lets imagine the situation, that I am an author, writing my book in silence
> and peace of one of your small and nice village cottages far from the noice
> of NYC..
> or I am a photographer who is taking photos of your beautiful miracles of
> nature somewhere in one of your National Parks for a foreign editor.
> Or I am a professional sportsman who is training and building hi/her body
> in the US, in order to win the competition organised elsewhere?
>
> What harm do I constitute for the rights of citizens of your country?
> Do I qualify to deportation in handcuffs and "entry prohibited" stamp in my
> passport?
> How would you be able to draw the fine boundary between work and hobby or
> other activities?
>
> I insist these activities should not be prohibited from the common sense
> point of view.
It is possible to telework. BUT under very strict conditions.
First, your employer must NOT be related to a US company.
Second, the work you are doing must not be for services or products that
will be sold or marketed in the USA
Third, your work must not benefit from your presence in the USA.
Those are the major criteria.
Stuart
>
> "I don't agree with your suggestion that it is common sense to allow you
> to telework in the US without a work visa."
> "....you would be deemed to be working there (regardless of the fact you
> send your completed work outside the US)."
>
> Though strayed out from the subject, thank you for your answer
>
> I believe these restrictions are designed to protect local labor market
> against the newcomers.
> (Correct me if I am wrong.)
>
> The newcomers constitute the threat to a slightly lazy and overpaid
> (sorry, if it pains, but the true sometimes does), domestic labor society
> because the newcomers are competitive, flexible, more determinated and
> willing to work for lesser salary.
> They also present the threat to labour unions' deals because they can be
> used as strikebreakers, etc...
> Every Labor and Immigration Department protects the rights of citizens of
> its country by constituting the laws which keep forreign workers far away
> from the borders.
> More or less succesfully, but forcefully.
>
> Most countries have such a regulations, created under the pressure of labor
> parties and all economists agree they are a serious barrier for their
> economic development, especially in case of qualified workforce.
>
> Poland has unfortunately similiar regulations used against workers from
> former Soviet Union and personally I do not like these restrictions, because
> in my opinion they are good workers. In my opinion all people are even.
>
> In my case I am not going to violate the laws of american workers,
> who are interested in keeping their secure jobs, wages and privileges.
> My job does not alter their situation at all.
> One can even say I will improve your local economy
> because I will spend my foreign money there.
>
> From the other hand I can imagine the situation, that someone like me would
> like to conceal his/her illegal work for the US investor by saying:
> "I am going to send this job abroad".
> But actually this is impossible - there is the real building created in only
> one place on earth and its documentation is unique and very easy to
> identify.
> Such a fraud does not work in case of the control.
> This is very difficult to chase, but it is a theme for another story.
>
> Lets imagine the situation, that I am an author, writing my book in silence
> and peace of one of your small and nice village cottages far from the noice
> of NYC..
> or I am a photographer who is taking photos of your beautiful miracles of
> nature somewhere in one of your National Parks for a foreign editor.
> Or I am a professional sportsman who is training and building hi/her body
> in the US, in order to win the competition organised elsewhere?
>
> What harm do I constitute for the rights of citizens of your country?
> Do I qualify to deportation in handcuffs and "entry prohibited" stamp in my
> passport?
> How would you be able to draw the fine boundary between work and hobby or
> other activities?
>
> I insist these activities should not be prohibited from the common sense
> point of view.
It is possible to telework. BUT under very strict conditions.
First, your employer must NOT be related to a US company.
Second, the work you are doing must not be for services or products that
will be sold or marketed in the USA
Third, your work must not benefit from your presence in the USA.
Those are the major criteria.
Stuart
Jan 31st 2003, 4:15 am
#5
Guest
Posts: n/a
Re: Can I telework in US without work permission?
"Stuart Brook" wrote in
message news:[email protected]...
> Karol_K wrote:
> >
> > "I don't agree with your suggestion that it is common sense to allow you
> > to telework in the US without a work visa."
> > "....you would be deemed to be working there (regardless of the fact
you
> > send your completed work outside the US)."
> >
> > Though strayed out from the subject, thank you for your answer
> >
> > I believe these restrictions are designed to protect local labor market
> > against the newcomers.
> > (Correct me if I am wrong.)
> >
> > The newcomers constitute the threat to a slightly lazy and overpaid
> > (sorry, if it pains, but the true sometimes does), domestic labor
society
> > because the newcomers are competitive, flexible, more determinated and
> > willing to work for lesser salary.
> > They also present the threat to labour unions' deals because they can be
> > used as strikebreakers, etc...
> > Every Labor and Immigration Department protects the rights of citizens
of
> > its country by constituting the laws which keep forreign workers far
away
> > from the borders.
> > More or less succesfully, but forcefully.
> >
> > Most countries have such a regulations, created under the pressure of
labor
> > parties and all economists agree they are a serious barrier for their
> > economic development, especially in case of qualified workforce.
> >
> > Poland has unfortunately similiar regulations used against workers from
> > former Soviet Union and personally I do not like these restrictions,
because
> > in my opinion they are good workers. In my opinion all people are even.
> >
> > In my case I am not going to violate the laws of american workers,
> > who are interested in keeping their secure jobs, wages and privileges.
> > My job does not alter their situation at all.
> > One can even say I will improve your local economy
> > because I will spend my foreign money there.
> >
> > From the other hand I can imagine the situation, that someone like me
would
> > like to conceal his/her illegal work for the US investor by saying:
> > "I am going to send this job abroad".
> > But actually this is impossible - there is the real building created in
only
> > one place on earth and its documentation is unique and very easy to
> > identify.
> > Such a fraud does not work in case of the control.
> > This is very difficult to chase, but it is a theme for another story.
> >
> > Lets imagine the situation, that I am an author, writing my book in
silence
> > and peace of one of your small and nice village cottages far from the
noice
> > of NYC..
> > or I am a photographer who is taking photos of your beautiful miracles
of
> > nature somewhere in one of your National Parks for a foreign editor.
> > Or I am a professional sportsman who is training and building hi/her
body
> > in the US, in order to win the competition organised elsewhere?
> >
> > What harm do I constitute for the rights of citizens of your country?
> > Do I qualify to deportation in handcuffs and "entry prohibited" stamp
in my
> > passport?
> > How would you be able to draw the fine boundary between work and hobby
or
> > other activities?
> >
> > I insist these activities should not be prohibited from the common sense
> > point of view.
> It is possible to telework. BUT under very strict conditions.
> First, your employer must NOT be related to a US company.
> Second, the work you are doing must not be for services or products that
> will be sold or marketed in the USA
> Third, your work must not benefit from your presence in the USA.
What about the visa? On what basis would you be able to legally remain
within the US?
message news:[email protected]...
> Karol_K wrote:
> >
> > "I don't agree with your suggestion that it is common sense to allow you
> > to telework in the US without a work visa."
> > "....you would be deemed to be working there (regardless of the fact
you
> > send your completed work outside the US)."
> >
> > Though strayed out from the subject, thank you for your answer
> >
> > I believe these restrictions are designed to protect local labor market
> > against the newcomers.
> > (Correct me if I am wrong.)
> >
> > The newcomers constitute the threat to a slightly lazy and overpaid
> > (sorry, if it pains, but the true sometimes does), domestic labor
society
> > because the newcomers are competitive, flexible, more determinated and
> > willing to work for lesser salary.
> > They also present the threat to labour unions' deals because they can be
> > used as strikebreakers, etc...
> > Every Labor and Immigration Department protects the rights of citizens
of
> > its country by constituting the laws which keep forreign workers far
away
> > from the borders.
> > More or less succesfully, but forcefully.
> >
> > Most countries have such a regulations, created under the pressure of
labor
> > parties and all economists agree they are a serious barrier for their
> > economic development, especially in case of qualified workforce.
> >
> > Poland has unfortunately similiar regulations used against workers from
> > former Soviet Union and personally I do not like these restrictions,
because
> > in my opinion they are good workers. In my opinion all people are even.
> >
> > In my case I am not going to violate the laws of american workers,
> > who are interested in keeping their secure jobs, wages and privileges.
> > My job does not alter their situation at all.
> > One can even say I will improve your local economy
> > because I will spend my foreign money there.
> >
> > From the other hand I can imagine the situation, that someone like me
would
> > like to conceal his/her illegal work for the US investor by saying:
> > "I am going to send this job abroad".
> > But actually this is impossible - there is the real building created in
only
> > one place on earth and its documentation is unique and very easy to
> > identify.
> > Such a fraud does not work in case of the control.
> > This is very difficult to chase, but it is a theme for another story.
> >
> > Lets imagine the situation, that I am an author, writing my book in
silence
> > and peace of one of your small and nice village cottages far from the
noice
> > of NYC..
> > or I am a photographer who is taking photos of your beautiful miracles
of
> > nature somewhere in one of your National Parks for a foreign editor.
> > Or I am a professional sportsman who is training and building hi/her
body
> > in the US, in order to win the competition organised elsewhere?
> >
> > What harm do I constitute for the rights of citizens of your country?
> > Do I qualify to deportation in handcuffs and "entry prohibited" stamp
in my
> > passport?
> > How would you be able to draw the fine boundary between work and hobby
or
> > other activities?
> >
> > I insist these activities should not be prohibited from the common sense
> > point of view.
> It is possible to telework. BUT under very strict conditions.
> First, your employer must NOT be related to a US company.
> Second, the work you are doing must not be for services or products that
> will be sold or marketed in the USA
> Third, your work must not benefit from your presence in the USA.
What about the visa? On what basis would you be able to legally remain
within the US?
Jan 31st 2003, 11:58 am
#6
Guest
Posts: n/a
Re: Can I telework in US without work permission?
Doug wrote:
> What about the visa? On what basis would you be able to legally remain
> within the US?
I was assuming that he was legally in the US in some other category,
that being a prerequisite to any of the telework requirements. He could
be entitled to be in the US on any number of valid statuses.
> What about the visa? On what basis would you be able to legally remain
> within the US?
I was assuming that he was legally in the US in some other category,
that being a prerequisite to any of the telework requirements. He could
be entitled to be in the US on any number of valid statuses.
Feb 5th 2003, 10:04 am
#7
Guest
Posts: n/a
Re: Can I telework in US without work permission?
> Doug wrote:
> > What about the visa? On what basis would you be able to legally remain
> > within the US?
> I was assuming that he was legally in the US in some other category,
> that being a prerequisite to any of the telework requirements. He could
> be entitled to be in the US on any number of valid statuses.
According to the US embassy in London, if you're paid in the UK and receive
no income from a US source, you can live and telecommute from the US on a B1
visa.
http://www.usembassy.org.uk/cons_web/visa/niv/b1.htm
> > What about the visa? On what basis would you be able to legally remain
> > within the US?
> I was assuming that he was legally in the US in some other category,
> that being a prerequisite to any of the telework requirements. He could
> be entitled to be in the US on any number of valid statuses.
According to the US embassy in London, if you're paid in the UK and receive
no income from a US source, you can live and telecommute from the US on a B1
visa.
http://www.usembassy.org.uk/cons_web/visa/niv/b1.htm
Feb 6th 2003, 2:59 pm
#9
Guest
Posts: n/a
Re: Can I telework in US without work permission?
"W. Blevins" wrote:
>
> "Karol_K" wrote in message news:...
> > I am going to visit US without the work permit
>
> Then you can't work.
And you show your total ignorance of the laws surrounding work and the
INA.
>
> "Karol_K" wrote in message news:...
> > I am going to visit US without the work permit
>
> Then you can't work.
And you show your total ignorance of the laws surrounding work and the
INA.
