Navigating Employment in the US as an International Student in the UK: Requirements and Compliance

If you are an international student in the UK and are considering working in the US, there are several important factors you need to consider. This guide aims to provide clarity on the working arrangements while ensuring compliance with immigration laws and tax obligations.

Understanding Your Visa Status

Firstly, it is crucial to understand your visa status. In the UK, international students are typically on a Tier 4 (General) visa. This type of visa allows students to work up to 20 hours per week during their studies, which aligns with your current situation. However, if you are planning to work in the US, a different circumstance applies.

Once you are in the US, to work in a US company, you would require an F-1 visa. An F-1 visa is a non-immigrant visa that is specifically issued to individuals who are pursuing full-time or part-time studies in the US. If you are already employed, this might raise some legal concerns and you need to seek professional advice as soon as possible.

Working Part-Time and Freelance Jobs in the US

Given that you are currently working part-time or as a freelancer in the US, there are some key considerations regarding your legal status and tax obligations.

Notification Requirements

According to US laws, you may need to inform relevant authorities about your part-time or freelance job. A Designated School Official (DSO) may be the appropriate contact to communicate with. A DSO is responsible for ensuring the university and its students comply with immigration laws. If you do not have a DSO equivalent in the UK, contact your university or the UK Border Force to ensure you are not violating your visa conditions.

Key Actions:

Consult your current educational institution's international student office. Speak to UK Border Force. Consider consulting a legal or immigration expert if you are unsure.

Tax Obligations

Working in the US as an international student also comes with tax obligations. You must pay taxes for any income you earn, regardless of the number of hours you work. Failure to report income can result in penalties and legal issues. It is advisable to consult with a tax professional to understand your tax obligations and options.

Legal Considerations

Working for a US company while on a Tier 4 (General) visa in the UK poses legal challenges. The US and UK have reciprocal agreements regarding visas, but an F-1 visa is required for full-time and part-time work in the US. Engaging in part-time work or freelancing while on a Tier 4 visa may jeopardize your current status.

Steps to Comply with US Immigration Laws

To legally work in the US, you need to apply for an F-1 visa. Here are the general steps:

Apply for an F-1 visa from a US embassy or consulate in your home country. Get approved for the F-1 visa and enter the US on the approved visa. Make sure to complete all necessary formalities with the university's International Student Office (ISO). Report to your department and any required onboarding processes.

Key Points:

Seek guidance from a legal or immigration consultant to understand the exact requirements. Check the US Department of State's website for the most up-to-date information on visa application processes. Understand any additional obligations such as registering for social security and obtaining a US social security number.

Conclusion

Starting a career in the US as an international student from the UK requires careful planning and attention to detail to ensure compliance with US immigration laws and tax obligations. Whether you are working part-time or freelancing, it is essential to understand the legal requirements and consult with appropriate authorities to avoid any potential issues.

For more information and detailed guidance, please refer to the official sources of the UK Border Force, the US Department of State, and consult with legal or immigration experts.