Working for UK company in the USA temporarily... help!

SarahWhitesands

Hi, 

My partner is going to be setting up a US office in New York next year and will be living and working out there for 6 months, funded by his employer. 

I would like to go with him... I currently work full time for a UK based company, fully remote from home. 

I'm struggling to find out whether I can temporarily relocate to New York for 6 months and continue to work my full time job for my UK emplyers, and if so, what Visa I would need?

I could potentially work on a self-employed bases for 6 months if that would make things easier?

I was thinking I might reduce my hours too, so maybe work a 4 day week instead (to make the most of being out there), does it make any difference whether i'm working full or part time?

If anyone can advise on the easiest way to do this that would be great. I have great employers who are really understanding, but I want to make sure it's an easy process for them and don't want them to have any additional work (ideally)

Thanks very much! 

DullGreyGuy

Have you spoken to your employer about it? Most would get twitchy of exporting data from the UK to the US and all the other complications you being over there for so long creates. 

What class of visa is he applying for? Some allow derivative visas for spouses and kids under 21. Guessing it will be an L-1 which does but B-1 doesn't 

SarahWhitesands

Hi, thanks for your reply. I've not spoken to my employer yet, I want to have a clearer understanding of what I can and can't do before speaking to them. I work in Marketing so most of my job involves pre-planning social media / blog writing etc so not dealing with with sensitive info etc.

Again, i'm not sure yet what visa my partner will be applying for, but we did wonder whether there was something that could cover me coming over with him as a spouse, but I guess this wouldn't include me being able to work but more as a tourist? 

TELLIT01

I would suggest you really need to speak to the US embassy.  On the face of it you aren't doing work which could affect a US national, and the work is entirely for a UK based company.  All of which may be relevant to the type of visa required.

NCC1701-A

I can't comment on Visa as such but I would urge you both to ensure Medical bills are covered by his & your employers should the worst happen or have comprehensive personal insurance.  Even minor ailments or injuries cost a small fortune to be treated in US. 

Grumpy_chap

SarahWhitesands said:

I currently work full time for a UK based company, fully remote from home. 

SarahWhitesands said:

I've not spoken to my employer yet,
I work in Marketing so most of my job involves pre-planning social media / blog writing etc so not dealing with with sensitive info etc.

I cannot comment on the visa requirements but on the issue of "remote" working from another country you really need to understand what your employer's stance would likely be on the matter.  This may be something you can establish by simply reviewing their work from home policy as an alternative to actually needing to ask.

Some factors that tend to arise:
 - Need to maintain confidentiality / security of data.  This cannot be assured in the same way if the data is processed in an area with different rules to the UK.  You would be surprised as to what can be considered "sensitive".
 - Need to be able to have online meetings and availability through normal working hours.  9 to 5 in UK is 4 to 12 noon in New York.  Will you really want to be at your home working desk from 4 am?
 - Different rules for employment law, taxation.
 - How can you be accessible to the company for a team building event or similar in UK if you are in New York?
 - Precedent.  If they agree to you working in New York (five hours behind UK time), why should they not also agree to a.n.other working from Karachi (five hours ahead of UK time)?  How will you, in New York, attend a meeting (online) with the individual in Karachi?  The time won't work well for either of you.
 - If New York is acceptable, so it has to mean that Karachi is also acceptable, why not Sydney, Singapore, anywhere?

You may also wish to consider whether this is a case of "be careful what you wish for".
If your "work from home" job can be done from anywhere in the world, why would the employer continue to engage your services rather than hire equally skilled resources from a low wage economy?

Debbie9009

I work for a very large global company with offices in most countries, we don’t allow people in the UK to work from other countries because of taxation issues, it’s a hard no.  So I would check your employers stance on this before you do anything else, as you may come across the same issue.

Hoenir

To fly this kite. A discussion with your employer should be the priority. Anything else is secondary. 

Marcon

SarahWhitesands said:

I'm struggling to find out whether I can temporarily relocate to New York for 6 months and continue to work my full time job for my UK emplyers, and if so, what Visa I would need?

I could potentially work on a self-employed bases for 6 months if that would make things easier?

Find out if your employer will entertain either idea. Remember that if you do work on a self employed basis, you will have severed your period of continuous employment with your current employer, with the knock on effects that would bring.

Not sure if you've yet had a look at it, but the US Embassy site has a lot of helpful info: https://uk.usembassy.gov/visas/temporary-employment/#:~:text=If%20you%20wish%20to%20work,work%20visas%20for%20casual%20employment.

cr1mson

My work are very understanding but this would be a hard no from them. If they are understanding could you take a 6 month unpaid sabbatical so that you know would have a job to come back to?

DullGreyGuy

SarahWhitesands said:

Hi, thanks for your reply. I've not spoken to my employer yet, I want to have a clearer understanding of what I can and can't do before speaking to them. I work in Marketing so most of my job involves pre-planning social media / blog writing etc so not dealing with with sensitive info etc.

Again, i'm not sure yet what visa my partner will be applying for, but we did wonder whether there was something that could cover me coming over with him as a spouse, but I guess this wouldn't include me being able to work but more as a tourist? 

I'd speak to your employers first, certainly in my world it would be an almost certain no because it creates a large number of issues for them and there is just no value in it for them. I have managed to do it but I'm an outside IR35 contractor and even then it was conditional on me doing all my work within Citrix so that they felt data wasnt leaving the UK. 

A few countries during covid created a "work from home" visa for those wanting to leverage the new flexibility but the US wasnt one of them. Personally risked it on a general entry basis but it wasnt the US nor another country with more concerning laws around immigration. 

Grumpy_chap said:

 - Need to be able to have online meetings and availability through normal working hours.  9 to 5 in UK is 4 to 12 noon in New York.  Will you really want to be at your home working desk from 4 am?

I was in a similar timezone and was doing 5am to 2pm each day, I actually really liked it. 

I'm normally awake at 5amish on normal days, and WFH only need to wake up at 4:50 to start at 5am. Was in the pool by 2:15pm each day. Bedtime came forward an hour to 10pm. Felt like I had much more free time not having the technically 4 hours between waking and work starting in the morning