Moving from the UK to US on husband's work visa - can I work as self-employed/freelance for UK company?
March 19, 2009 7:00 AM Subscribe
My husband has been offered a great job in New York and we're looking to move out there in September (we're both British citizens currently living in the UK). He'll be on a work visa and I'll only have residence rights - can I work as self-employed, or freelance for a UK company, without a work visa?
The company is putting him in for the H1B lottery visa, and if that's unsuccessful then he's apparently almost certain to get the O1 visa which they would organize. As I understand it, either of these would entitle me to reside in the US but not work, unless I find a job that will sponsor me for a working visa.
I currently have a couple of options if I can't find a job (which may be likely given the current climate). Firstly I have a small hobby-business that I currently do part time combined with finishing grad school, which I would love to attempt full time, to see if I can make a real go of it. Secondly there's a possibility of doing some freelance work for my friend's UK-based web design company. Would either of these be OK to do, given my visa status? If not 100% legit, is there any grey area given that both options would be paying into my UK bank account, or is that a complete no-no?
Also, would I be permitted to do voluntary work?
I know you're not a lawyer but appreciate any advice..
thanks!
The company is putting him in for the H1B lottery visa, and if that's unsuccessful then he's apparently almost certain to get the O1 visa which they would organize. As I understand it, either of these would entitle me to reside in the US but not work, unless I find a job that will sponsor me for a working visa.
I currently have a couple of options if I can't find a job (which may be likely given the current climate). Firstly I have a small hobby-business that I currently do part time combined with finishing grad school, which I would love to attempt full time, to see if I can make a real go of it. Secondly there's a possibility of doing some freelance work for my friend's UK-based web design company. Would either of these be OK to do, given my visa status? If not 100% legit, is there any grey area given that both options would be paying into my UK bank account, or is that a complete no-no?
Also, would I be permitted to do voluntary work?
I know you're not a lawyer but appreciate any advice..
thanks!
Response by poster: Thanks jedrek and also others who pm'd me!
posted by hibbersk at 7:33 AM on March 22, 2009
posted by hibbersk at 7:33 AM on March 22, 2009
This thread is closed to new comments.
From what I understand you have to have an EAD - a work permit - to be self employed in the US. You can check if you can apply for an EAD on the USCIS website. Neither a H1-B or O-1 visas automatically give spouses the right to work.
That said... I'd still do it. You'd have to file taxes in the UK and you'd get hit on transferring funds to the USA, but the chance anybody in the US would care are so minuscule it's more than worth the risk, IMO. Someone who you told would have to actively report you to the USCIS, and even then I suspect they wouldn't go after you.
posted by jedrek at 7:36 AM on March 19, 2009