John

I would appreciate if someone can answer the following questions for a
person who is out of status in the US.

1. Can one work for companies abroad through telecommuting?
2. Can one work for companies in US through a contracting company that
is in a foreign country. That is the the company in US will pay the
contracting company in the foreign country, and the contracting company
will then pay the out of status person in US.

Thanks
John

Olivier Wagner

"John" <[email protected]> wrote in message
news:[email protected] oups.com...
    > I would appreciate if someone can answer the following questions for a
    > person who is out of status in the US.
    > 1. Can one work for companies abroad through telecommuting?

There is no definitive interpretation of the law. But typically, it should
be allowed provided that neither the employer nor its customers are
Americans.

    > 2. Can one work for companies in US through a contracting company that
    > is in a foreign country. That is the the company in US will pay the
    > contracting company in the foreign country, and the contracting company
    > will then pay the out of status person in US.

That would definitivelly be a case of unauthorized employment. It may be
either considered that the US company is indeed his true employer or that
the US company is the client of his employer ; either case, based on the
rule of thumb quoted above, that is unauthorized employment.

    > Thanks
    > John

ian-mstm

No and No! You must have work authorization if you are *in* the US working regardless of where the pay comes from!

Ian