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Marcinlondon, Solicitor
Category: Immigration Law
Satisfied Customers: 859
Experience:  Qualified Lawyer - 8 years experience
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I’m looking for advice about working remotely in the USA,

Customer Question

I’m looking for advice about working remotely in the USA, for a bank, while on holiday (8 days total)
JA: What steps have you taken? Have you filed any paperwork with the UK government? What country do you live in? What is your citizenship?
Customer: I’ve requested permission from e requested permission from employer as it’s a new service offered. I live in UK and work for Barclays Bank. I was born in UK but have Irish passport. I haven’t formally asked the US, I thought I could just work remotely for 8 days
JA: Have you talked to a lawyer about this?
Customer: I haven’t talked to anyone yet. I’ve been researching online and would have assumed the answer is clear - however there isn’t a definitive answer anywhere
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I also have an NIE (national Interest exemption) that’s valid until 2030 - family member passed away during Covid and I had to obtain official permission to travel to US. Although I have an esta they accepted my NIE last month surprisingly
Submitted: 17 days ago.
Category: Immigration Law
Expert:  Marcinlondon replied 17 days ago.

Hello, this isCustomerand welcome to JustAnswer. I will be the lawyer working with you today and I will be happy to advise you to the extent possible on this platform. I will review your question and I will be back with my answer shortly. You will get notified when my answer is ready therefore there is no need to wait online. You will have a chance to request a call. You will see an automatic prompt. Please feel free to request it but do not feel obliged to do so. Please do note that my response is not instantaneous but I will always aim to get back to you on the same day with my answer, or request more information, if appropriate. Lastly, please note that our discussion on this site is for general information purposes only and do not replace any legal advice you might need, and does not create a lawyer-client relationship. Thank you for your patience whilst waiting for my answer.

Expert:  Marcinlondon replied 17 days ago.

Thank you for your patience.  This is a really complex area of law. Generally, you should be able to log in remotely as the banks servers are based, I assume, outside of the US.

Expert:  Marcinlondon replied 17 days ago.

However, if you are in doubt, you should get your employer's confirmation that based on their assessment, you are ok to log in and work remotely from the US.

Customer: replied 17 days ago.
My employer is unsure, it’s a new colleague offer and I don’t think they know. They said “we don’t think you have legal right to work there” but that’s not reassuring. Plus I have an NIE and esta. Isn’t there any guidance anywhere ?
Expert:  Marcinlondon replied 17 days ago.

NIE and ESTA do not entitle you to work there.

Customer: replied 17 days ago.
Right thanks. But can I log on remotely while I’m there on holiday for 8 days?
Expert:  Marcinlondon replied 17 days ago.

However, your employer needs to look at what "works" means.

Customer: replied 17 days ago.
Do you mean they need to explicitly list what “work means”?
Customer: replied 17 days ago.
I.e “logging on” vs participating in sales meetings / meeting suppliers etc (which I’m not doing)?
Expert:  Marcinlondon replied 17 days ago.

If you are connected to servers outside of the US and are habitually resident in the UK then this may be ok.

Expert:  Marcinlondon replied 17 days ago.

But this is not for me to state, but for your bank to assess and agree!

Customer: replied 17 days ago.
I don’t think the bank understand this new area of law after Covid. There isn’t any concrete advice anywhere after extensive internet research & servers is a new one so I’ll speak to someone about that. I think it’s pretty safe to say that nobody really knows the answer to this definitively
Expert:  Marcinlondon replied 17 days ago.

I disagree. All you need to have is a legal and tax assessment and clear guide from your in-house lawyers.

Customer: replied 17 days ago.
Thanks for the advice. I’ll do that
Expert:  Marcinlondon replied 17 days ago.

Pleasure. Many thanks for using our service.