Published on Lawyers.com and the Epoch Times on December 2, 2016

Q & A.

Can an EU Company Owner Provide Services for US Customers While on the J-2 in US?

I own the company in Europe (small one). Now I am in US on J-2 VISA. Am I allowed to provide services (work) from here for the US company and invoice them? I am waiting for the EAD.

Mr. Lee answers:

The general rule is that persons holding J-2 status are not allowed to work in this country unless they have employment authorization from U.S.C.I.S. Your situation presents a twist as you are the owner of a small company overseas and propose to provide services to a U. S. company while you are here and invoice it for your services before you obtain the EAD. In my opinion, what you are proposing sounds like unauthorized employment as you will be rendering work for a U. S. company even as you interpose your overseas company as a buffer. This would especially be more apparent if you worked on site for the U. S. company. In the event that you work from home, that might lessen any chance of problems that you might have with the Department of Homeland Security, especially if the U. S. company pays your company or you in Europe for your services and you are not paid directly in the U. S. through your invoice. 
 

Indian Born Australian Citizen - Green Card

I'm an Indian Born Australian Citizen, here on E-3 Visa. Will my application processed under EB-2 India or ROW?

Mr. Lee answers:

Applicants for permanent residence in the U. S. are generally charged to the country in which they are born, not to the country of citizenship (if different). You would be charged to the India quota unless neither of your parents was born in and neither of your parents had a residence in India at the time of your birth. 

Served 10 Years Ban

Can I reenter the USA after 10 years ban by marrying a US citizen?

Mr. Lee answers:

Assuming that there is no disability such as fraud, crimes, or a permanent bar through reentering the US illegally after a prior stay of illegality after April 1, 1997, or a prior removal, you would likely be able to reenter with permanent residence so long as the marriage is seen as bona fide and you are not barred by any of the other grounds of inadmissibility, e.g. member of Communist Party or terrorist organization, drug addiction, etc.

Copyright © 2003-2017 Alan Lee, Esq.
The information provided here is of a general nature and may not apply to any particular set of facts or circumstances. It should not be construed as legal advice and does not constitute an engagement of the Law Office of Alan Lee or establish an attorney-client relationship.