Reply to: Moving to the US

[redgiant]

Update

It's been a few months of back and forth from the US to the UK but I am now in receipt of the visa and EAD so I am now looking to setup for US based contract work.

I have been recommend by a UK accountant to use an US umbrella firm called the PGC group and was wondering if anyone here has used them before and if there any alternatives I can look into? Their website is Contractor | thePGCgroup and they seem to be similar to a UK umbrella but in addition to handling the invoicing, payroll and contracts they offer benefits like medical over and also accountancy services for a % fee each month.

This move seems to be at a good time too as one of my UK clients is expanding into the US and aside from delivering some US based projects for them they have also asked me to setup a US office for them to allow them to work with a greater range of clients so there is plenty of work being lined up.

[jamesbrown]

Asking the lawyer again it seems that getting the EAD first seems that it is the only way to be sure to be legal - it doesn't help when the US Social Security department have conflicting information on this matter from the USCIS (Immigration department).

Also being married is a pre requite too for this visa as in general common law marriages don't exist in the US - although there are some states that recognise common law marriages (like Texas) but as this is federally organised then they make the rules for the visa not the state you are moving to.

Thanks for the update. Unfortunately, it's not uncommon to see conflicting advice, but USCIS is the agency that matters in this context, so it's good that you checked.

[redgiant]

I don't think that's correct. By all means, solicit professional advice if you haven't already, but I'm reasonably confident that you cannot work legally on an L2 without an EAD in hand. This isn't something you want to mess with...

By the way, your point about the SSN is irrelevant in this context (that isn't the authorization to work so, yes, your partner can certainly work on an L1 while the SSN is pending).

Asking the lawyer again it seems that getting the EAD first seems that it is the only way to be sure to be legal - it doesn't help when the US Social Security department have conflicting information on this matter from the USCIS (Immigration department).

Also being married is a pre requite too for this visa as in general common law marriages don't exist in the US - although there are some states that recognise common law marriages (like Texas) but as this is federally organised then they make the rules for the visa not the state you are moving to.

[stek]

Moving to the US

I assume the OP is married; but, yes, I think so (common law marriage may be possible, I don't know - one for an immigration lawyer).

Seems you have to be legally married for L2 visa too from my iPhone in restaurant cos I'm bored research!

OP says partner not wife so I assume unmarried, though they could be same sex couple.

[jamesbrown]

The advice I have received is that you don't need an EAD to start work as it can take up to 90 days for it to be processed. Your passport + L visa/I-94 are normally sufficient to allow you to legally start work. My partner started work in the US without a social security number which took about 8 weeks to come after she arrived.

I don't think that's correct. By all means, solicit professional advice if you haven't already, but I'm reasonably confident that you cannot work legally on an L2 without an EAD in hand. This isn't something you want to mess with...

By the way, your point about the SSN is irrelevant in this context (that isn't the authorization to work so, yes, your partner can certainly work on an L1 while the SSN is pending).

[redgiant]

The OP notes an L2 visa so, yes, they can work (IIRC, it's a very flexible visa, subject to having an EAD).

The advice I have received is that you don't need an EAD to start work as it can take up to 90 days for it to be processed. Your passport + L visa/I-94 are normally sufficient to allow you to legally start work. My partner started work in the US without a social security number which took about 8 weeks to come after she arrived.

[jamesbrown]

Ahh, missed that, I was on iPhone. Do you have to be married tho?

I assume the OP is married; but, yes, I think so (common law marriage may be possible, I don't know - one for an immigration lawyer).

[stek]

The OP notes an L2 visa so, yes, they can work (IIRC, it's a very flexible visa, subject to having an EAD).

Ahh, missed that, I was on iPhone. Do you have to be married tho?

[jamesbrown]

Seems H1B deps can only be spouses or children and can't work anyway..

The OP notes an L2 visa so, yes, they can work (IIRC, it's a very flexible visa, subject to having an EAD).

[stek]

You say partner? Are you sure you can work and live there if not married, seem to remember US doesn't do unmarried visas.

Check tho!

Seems H1B deps can only be spouses or children and can't work anyway..

[stek]

You say partner? Are you sure you can work and live there if not married, seem to remember US doesn't do unmarried visas.

Check tho!

[redgiant]

As they are serious about disguised employment they levy heavy penalties on the employer who employs disguised employees to avoid Social Security, rather than chasing and harassing the "victim".

Other factor is that being an employee in the US isn't very different in terms of employment rights. So they can hire people for any suitable period of time and let them go when they don't need them, without being labeled as the devil by lefties and evil top hatted Victorians as per the UK.

I have seen this too and my partner has recently agreed to such an arrangement with her employer. An employee is usually employed "at will" so is similar to a contractor as there is no notice period required on either side - this is the same for most states including California What Are My Rights As An Employee?. As there is no employment contract any regulations are handled by the federal (US wide), state or local laws. I'm sure this is an attempt to reduce litigation but in practice I can imagine that it just raises more questions on the interpretation of the laws. I have also found this document from New Jersey that shows the difference between employees and independent contractors - http://www.state.nj.us/treasury/pens...pdf/ee0909.pdf

As BlasterBates mentioned as long as my take home pay is the same after tax then I don't care if I go perm or contract/temp as there are not that much protection provided to employees over independent contractors. Independent contractors still have contracts with clients which seem to be similar to what is used in the UK with a few oddities like surrendering Social Media connections - are agents in the US ICs? https://www.rocketlawyer.com/secure/...568&id=1297#q1

[jmo21]

As they are serious about disguised employment they levy heavy penalties on the employer who employs disguised employees to avoid Social Security, rather than chasing and harassing the "victim".

Other factor is that being an employee in the US is very different in terms of employment rights. So they can hire people for any suitable period of time and let them go when they don't need them, without being labeled as the devil by lefties and evil top hatted Victorians as per the UK.

ftfy

[BlasterBates]

From what I understand you're either a temporary employee or a permanent employee.

American contractors that I've known regard temp positions in the US as the same as a contract in Europe.

Most UK contractors go and work quite happily in Europe as temps because that is the normal way about going things. As long as your take home is OK no-one really cares.

[sal]

The US doesn't really have a contracting market that's comparable to the UK, at least in my experience (and I caveat that by noting that I'm not in IT). In general, "contractors" are provided by larger consultancy companies or body shops to work on contracts at the end client, rather than as freelancers. That isn't to say there aren't freelancers in the US (for which many of the same structures exist in the US as the UK), but I wasn't aware of it being common. I'm not entirely sure why, but I believe the consequences of miss-classifying a worker as an independent contractor (vs. employee) are more significant, for example. You might want to PM MarillionFan, as I believe he works in the US as an IT permie and will be more familiar with the scene. I'm familiar with the US, but not with the IT contracts market.

^This

Also don't make the common mistake of putting the entirety of US under the same banner - yes Federal law and regulations apply for all but the work ethic, culture, regulations and practices vary between the individual states. It bears much similarity to how EU Member states differ from each other within the EU.