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UK citizen, USA resident, working for UK company

UK citizen, USA resident, working for UK company

Old Feb 8th 2012, 7:31 pm
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Default UK citizen, USA resident, working for UK company

My nephew a UK citizen has been recruited by a US company and is working and residing in the US with his wife. She has no green card and cannot work in the US. I am a IT consultant and work as a sole trader, she is a Computer Programmer. I could use her on a freelance basis to write programs for me and would openly pay any invoice she submitted. If she were to declare her status and income to the US authorities would she remain within their law?

Thanks in advance
Mike
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Old Feb 8th 2012, 7:34 pm
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Default Re: UK citizen, USA resident, working for UK company

Originally Posted by feldom View Post
My nephew a UK citizen has been recruited by a US company and is working and residing in the US with his wife. She has no green card and cannot work in the US. I am a IT consultant and work as a sole trader, she is a Computer Programmer. I could use her on a freelance basis to write programs for me and would openly pay any invoice she submitted. If she were to declare her status and income to the US authorities would she remain within their law?

Thanks in advance
Mike
If the UKC spouse does not have permission to work (I assume she has an H4 visa?), then no, she cannot work for you. She cannot do any work while physically located in the USA. She can return to the UK and work for you while she's there in the UK.

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Old Feb 8th 2012, 7:35 pm
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Default Re: UK citizen, USA resident, working for UK company

Clarify, what visa does your nephew have?
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Old Feb 8th 2012, 8:13 pm
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Default Re: UK citizen, USA resident, working for UK company

If the nephew got a company transfer, L1, then the spouse can work with a EAD.

If it was a H1B visa, then no, the spouse can not work, even if the company and the money remain outside of the US, because she is in the US.

She would have to be outside of the US at the time she does the work for you.
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Old Feb 9th 2012, 1:44 am
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Default Re: UK citizen, USA resident, working for UK company

Originally Posted by feldom View Post
She ... cannot work in the US
If that is, in fact a true statement (and it depends on what visa she has whether or not it is true) then it should answer your question.

Simply stated:

If she is not allowed to work in the US then ... she is not allowed to work in the US.
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Old Feb 9th 2012, 12:20 pm
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Default Re: UK citizen, USA resident, working for UK company

Thanks for all the answers. Need to check exactly what visa my nephew and his wife actually have.
Thanks again
Mike
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