okay. but, under what rubric is it legal for a person without us work authorization, situated outside of the us, to be paid by a us person/organization for work done such as developing software?
If you don't have work permit, you cannot work WITHIN the US and get paid a wage/salary by a US person.
What you could do is:
- employed by foreign company
- visit US for MEETINGS with colleagues at a US firm - come up with an agenda (of course you can code during your month here)
- your work cannot be directly FOR a US firm
- the US firm cannot pay you a wage/salary
- the US firm can reimburse your foreign employer for travel/accommodation to/from/in the US, who in turn would presumably cover your expenses while here.
The operative word is "meeting" as opposed to sitting in a cubicle and cranking out code.
What I outlined above is a very common occurrence. Many companies have foreign staff (or staff from foreign associated companies / partners) come in for business meetings.
your insights are really helpful. the situation i'm concerned about is quite convoluted (for me). no one without a work-permit has worked _within_ the us, but compensation for a software product was paid directly to the individual. this involved that individual signing a W8BEN. maybe it makes sense for me to contact a lawyer at this point. thanks again,
*edit: i don't know if anyone else is reading this thread, but references for a trustworthy lawyer who can discuss a specific situation via email would be welcome.
What you could do is:
- employed by foreign company
- visit US for MEETINGS with colleagues at a US firm - come up with an agenda (of course you can code during your month here)
- your work cannot be directly FOR a US firm
- the US firm cannot pay you a wage/salary
- the US firm can reimburse your foreign employer for travel/accommodation to/from/in the US, who in turn would presumably cover your expenses while here.
The operative word is "meeting" as opposed to sitting in a cubicle and cranking out code.
What I outlined above is a very common occurrence. Many companies have foreign staff (or staff from foreign associated companies / partners) come in for business meetings.