Asked in Immigration Law for New York

Q: Can someone work for an American company while awaiting his work permit on a k1 visa if payed abroad as a consultant?

My fiancé and I are awaiting his interview for the K1 visa following the approval of our petition by USCIS. In the meantime, he received a job offer from a US based company for a position based in the US, but since we told them it may take a few more months to complete the move and to obtain the work permit- they are willing to hire him now as a consultant from his country (Ethiopia) and pay him there, and once he makes it to the US and gets his legal work permit they will start paying him in the US.

Is it ok, from a legal immigration stand point, for him to be working for this company at their US office (once me move) while still being on a foreign consultant contract and paid in Ethiopia? We know he is legally not allowed to work until he gets his permit. Is this arrangement legitimate or can it get us in trouble once our green card case is reviewed?

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2 Lawyer Answers
Samuil Buschkin
Samuil Buschkin
Answered
  • Immigration Law Lawyer
  • Ridgewood, NJ
  • Licensed in New York

A: What you describe seems to be fine.

If he is employed by a foreign office of a US company and paid abroad. Once the US work permit is issued he can then work for that company'S US office or any employer in the US. The described scenario seems fine.

Agnes Jury agrees with this answer

Alexander Ivakhnenko
Alexander Ivakhnenko
Answered
  • Immigration Law Lawyer
  • Wheeling, IL

A: No, it would not be legal to work in the United States absent an issued work authorization in one's possession.

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