heybeckstar

Hi all,

I'm moving to the US in August on a H-1B visa provisionally for 1 year (with the option to extend 2 further years).
My husband is a freelance videography (mostly editing). Practically speaking, he can do most of his work remotely and edits from home. We're trying to explore whether there's any way that he can move with me and continue his work for UK clients/companies whilst working in the US.

From what I can see, he would only be able to come with me on a H-4 visa which would not allow him to work (not only would that mean money wise we'd be a little tight, but he would also be completely bored I think)

3 Questions:
1) Does anyone know if there is any way he would be able to join me in the States for the year and continue to work for UK clients whilst living in the US?
2) If it is possible, what would that mean tax wise?
3) If he wanted to pick up gigs/clients in the US what visa would he need?

Thank you so much!
Becky

Pulaski

You are correct, somone can't legally work in the US on an H-4 visa. .... Is there any chance of you getting an L-1A/B or J-1 visa instead? If your husband can't work on the trailing spouse visa he would need his own visa to be legally allowed to work.

The tax angle is a whole other kettle of fish, and he would need to be paid gross in the UK (which he probably is already), but then pay US income tax (state and federal), and Social Security contributions (NI equiv), because he is physically located in the US while performing the work. To be able to pay the taxes he would request a Taxpayer Identification Number (TIN). .... And remember blowing off US Customs and Immigration is one thing, but don't consider the same trick with the IRS as they will really make you hurt if you don't pay your taxes. (USCIS has tried to force the IRS to disclose details of everyone who is in the US paying taxes using a TIN, and has failed, as the IRS knows they would likely stop paying taxes.

S Folinsky

I recommend consultation with an attorney conversant with immigration and employment law. The law is a tad fuzzy, fact dependent, and one might have to determine the risks and how risk adverse one might be.