I am neither a US citizen nor have ever been in the US. I want to remotely work for US-based companies, and so I need work authorization. When I apply for I-765 online on USCIS, it requests me to provide my eligibility category. I am an undergraduate student in a STEM field for your information, but I am not sure what is my eligibility category. The dropdown menu displays only 7 options, but I don't think I belong to any of them.
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Do you intend to continue to reside in your home country, or other non-US territory?– DavidRecallsMonicaJul 14, 2022 at 15:41
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I will reside in my home country for at least one more year. How does this affect my visa application process? My first and foremost aim at the moment is to get a remote job, but I plan to reside in the US within like 2 or 3 years.– remote workJul 14, 2022 at 16:45
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As long as you are outside the US, you cannot file an I-765. The USCIS page on Form I-765 contains the following text: "Certain noncitizens who are in the United States may file Form I-765, Application for Employment Authorization, to request an Employment Authorization Document (EAD). Other noncitizens whose immigration status authorizes them to work in the United States without restrictions may also use Form I-765 to apply for an EAD that shows such authorization." (emphasis added)– DavidRecallsMonicaJul 14, 2022 at 18:10
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@DavidSupportsMonica Thank you, this will save a lot of time. But what is the corresponding document or visa type I need to get that will make me 'authorized' to work for US companies remotely?– remote workJul 14, 2022 at 19:10
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1Re-read the first paragraph of user102008's answer. You are laboring under a misunderstanding about the supposed need for USCIS permission to work remotely for a US-based company while you remain outside the US. There is no such need.– DavidRecallsMonicaJul 14, 2022 at 21:24
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1 Answer
I want to remotely work for US-based companies, and so I need work authorization.
You don't need US work authorization if you are not in the US when performing the work. You need work authorization in whatever country you will be present in when performing work.
Do you have permission from the company to work abroad? They will need to be set up to withhold the taxes of the country you will be working in.
answered Jul 14, 2022 at 16:33
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Most of the job application states a requirement like 'Are you authorized to work in the US without sponsorship?' or "Do you have any of the following authorizations. H1B, Green Card, etc." And one of my interviews was even canceled as I need a sponsorship to work in the US. Jul 14, 2022 at 16:51
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1@remotework employers asking questions such as "'Are you authorized to work in the US without sponsorship?' or 'Do you have any of the following authorizations. H1B, Green Card, etc.'" for remote positions either are planning to hire remote workers inside the United States or do not know what they are doing.– phoogJul 14, 2022 at 19:03
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@littleadv I see, maybe the word 'remote' mislead me so much. I still want to believe there must be some sort of document that could make me 'authorize' to work for US companies. Jul 14, 2022 at 19:18
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2@remotework: There is no such thing as authorization to work "for US companies". There is only authorization to work in a given country. US law prohibits companies from hiring people to work in the US without US work authorization. This doesn't affect US companies from hiring people to work outside the US. The country where you will work may have rules on who is authorized to work there. If the company is asking for US work authorization, then they are only thinking about hiring people to work in the US. Hiring people to work abroad is complicated, and they may not be equipped to do that. Jul 14, 2022 at 21:41