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Subject: Re: US company employing non-resident Posted on: 20 Feb 2006 23:56:43 +0100

paul@atom.sbrk.co.uk wrote in news:slrndultsu.thq.paul@elide.sbrk.co.uk:

>>> You are not subject to US income taxation or withholding. Although
>>> the compnay will be able to deduct your salaray as a business expense,
>>> YOU are not resident in the US.
>
>>> As you describe your situation, you would ELIGIBLE to enter as a VW
>>> for "business." Make sure you carry documentation to that effect.
>>> The dividing line between "visitor for business" and "employment in
>>> the US" can be fuzzy at times.
>>
>> http://www.unitedstatesvisas.gov/business.html
>
> "does not generally allow for gainful employment, labor for hire or
> productive activity such as operating a business or consultancy work."
> But does include "consultation with business associates".
>
> It sounds like I should pass this back to the US company and get them
> to seek an opinion from an immigration lawyer.
>
> Thanks,
>
> Paul
>

The best way is for them to set up a subsidiary where you are, even if you
are it's only employee. I think that would remove the issue of payment from
the US. IMHO, that's the proper and 'above board' way to proceed.

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