classic12

I am applying for L1 visa and my wife and son will have an L2 visas. My wife will still be doing here uk job remotely ( processing payments , correspondance with clients etc) and being paid her uk wage.

I am not sure what sure what my son can do(20) He can do some hours working remotely (design work web programming etc ) and have some income from the uk.

We have contacts in the uk who wants us to potentially source products and ship them back to the uk. We would make a commission on the goods sold in the uk.

I am not sure what the line between working in the us and earning is.

Any help and comments appreciated.

crg

The 20 year old is prohibited from working in the US. Virtually any gainful employment/labor would require authorization.

Also, unless he has some other way of remaining in the US, he must depart prior to turning 21, even if the border guards mistakenly granted him an I-94 past his 21st birthday (which has been known to happen).

classic12

Thanks for the insight.

I browsed the forums and saw something relating to a wife earning.

We have a business in the UK (hence the intercompany transfer) my wife is a director and will earn an income as she owns a share of the business.

We also have 3 properties (+ renting out our home when we leave) which also provides an income between us.

How is she affected by her L2 status surely she cannot simply 'not earn' from the UK. This seems a very grey area nowadays with the ability to be in one location (country) and 'work' remotely in your home offices.

What determines work. If she makes a call from the US to arrange a viewing on a property in the UK is she working in the US.

If she logs in remotely to the UK office and processes emails , admin etc is she working in the US.

I am not trying to be clever here we need to know what is and isn't legal when we land. (hopefully within the next month).

Cheers

ian-mstm

Your wife can not work in the US unless she has employment authorization (EAD). With her L-2 visa, she is allowed to apply for an EAD the day she enters the US. It takes about 90 days to get it. Once she has her EAD she can work for whomever she wants... even for those in the UK. She can not work during the 90 days it takes for her to receive her EAD - regardless of where the client or money comes from.


From where I sit, yes - if, as a result of that viewing she receives compensation. I'll add here that money isn't the only form of compensation that constitutes the end result of work.


Again, if, as a result of that viewing she receives compensation... then yes, she is working. But... what you probably really want to know is "How will anyone know?" and "Will she get caught?" The chances that she'll get caught during those 90 days is remote... but it could happen. You and she are the only ones who can weigh her risk tolerance.

Your son, however, can not work at all... and can not work for free.

Ian

Jerseygirl

All earnings from the UK must be declared to the IRS.

Does anyone know if the L1/2s have to declare foreign accounts totalling over $10K...or is that only GC holders and USCs?

celticgrid

The IRS blurb says citizens and residents - no specificity regarding type of resident.

The 1040 guidelines do not cover exceptions based on anything other than purely financial terms - so I guess if you have to complete a tax return then FBAR rules apply too.

S Folinsky

Note: look up the IRS definition of "resident" -- it is broader than the immigration definition.

Jerseygirl

It would be.