Anaya Nolan
Lawful permanent residents in the United States, also known as green card holders, have certain rights and responsibilities, including the right to work in the United States. However, if a lawful permanent resident wishes to work overseas as a contractor, there are several considerations to keep in mind to maintain their residency status. This is because permanent residency can be abandoned or relinquished if certain conditions are not met, and working abroad can be a complex issue.
| Characteristics | Values |
|---|---|
| Can a lawful permanent resident work overseas as a contractor? | Yes, but only for a U.S. company or a subsidiary of a U.S. company, and they must file a USCIS Form N-470. |
| What if the work is not for a U.S. company? | The resident may lose their immigration status. |
| How long can a lawful permanent resident stay outside the U.S.? | Typically, one year without prior approval from USCIS. |
| What if the resident stays outside the U.S. for more than a year? | They must obtain a new immigrant visa to return to the U.S. and will need to apply for a re-entry permit. |
| How long is the re-entry permit valid for? | Typically, two years from the date of issuance. |
| What if the resident is outside the U.S. on official government business? | They may remain outside the U.S. for the duration of the assignment plus four months without losing their resident status. |
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What You'll Learn
Permanent residents working overseas for US companies
Permanent residency in the United States comes with certain rights and responsibilities. Lawful permanent residents are generally allowed to live and work permanently in the United States, provided they do not commit any actions that would make them removable under immigration law. They are also protected by all laws of the United States, their state of residence, and local jurisdictions.
However, permanent residents working overseas for US companies need to be mindful of maintaining their permanent resident status. Staying outside of the United States for extended periods can lead to the abandonment or relinquishment of US permanent residency. To avoid this, permanent residents must demonstrate their intention to maintain their US residency and that their stay abroad was unexpectedly extended beyond a year. They must also ensure they have prior approval from US Citizenship and Immigration Services (USCIS) and may need to obtain a re-entry permit to remain outside of the country for extended periods.
One exception to the disruption of residency rule for naturalization is when a US permanent resident works for a US employer abroad. In such cases, the resident may be allowed to file a USCIS Form N-470 to prevent the disruption of their lawful permanent residency status. To qualify for this exception, the resident must show that the US company is engaged in the development of foreign trade and commerce. They must also demonstrate that the employer is either a subsidiary of a US company (with more than 50% of stock owned by the US company) or a publicly held corporation incorporated in the US.
It is important to note that permanent residents working overseas for US companies may still be subject to employment verification requirements and compliance with US tax laws. They are also expected to support the democratic form of government, although they do not have the right to vote in federal, state, or local elections.
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Permanent residency abandonment
To avoid a finding of permanent residency abandonment, it is essential to demonstrate the intention to maintain U.S. residency and that any extended stays abroad were unintentional. LPRs can provide evidence of their intention to maintain U.S. residency by presenting documents such as proof of family ties, property ownership, and current or recent employment in the United States. Maintaining compliance with U.S. tax laws and holding a re-entry permit are also crucial for preventing residency abandonment.
LPRs who plan to work overseas as contractors or for extended periods should be aware of the potential consequences on their residency status. If an LPR's work involves official government business or employment with a U.S. company engaged in foreign trade, they may be exempt from residency disruption. However, for those who do not meet these criteria, an absence of more than one year without prior approval from U.S. Citizenship and Immigration Services (USCIS) will result in the need to obtain a new immigrant visa to re-enter the United States.
To formally abandon LPR status, individuals can submit Form I-407 to USCIS. This form can be mailed or, in rare circumstances, submitted in person at a USCIS international field office or U.S. embassy. Abandoning LPR status can have significant income tax consequences, including the possibility of being subject to an expatriation tax. Therefore, it is essential for LPRs to carefully consider their intentions and consult official sources or legal professionals for guidance before making any decisions that could impact their residency status.
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Re-entry permits
Lawful Permanent Residents (LPRs) of the United States who plan to stay outside the country for more than a year but less than two years need to apply for a re-entry permit for readmission. This can be done by filing Form I-131 while physically present in the United States. The re-entry permit may be sent to a U.S. embassy or consulate abroad for the applicant to pick up if requested during the application process.
The re-entry permit allows permanent or conditional permanent residents to apply for admission into the United States during its validity without needing to obtain a returning resident visa. However, it does not guarantee entry into the United States, as admissibility will be determined upon return. The permit is generally valid for two years from the date of issuance, helping establish the intention to permanently reside in the United States.
LPRs who remain abroad for more than 12 months without a re-entry permit may lose their status. In such cases, they must obtain a new immigrant visa or follow the abandonment and naturalization rules if they wish to return to the United States as immigrants. To prove that they did not intend to abandon their permanent resident status, LPRs must provide evidence of continuing, unbroken ties to the United States, such as compliance with U.S. tax laws, ownership of property and assets, and maintenance of U.S. licenses and memberships.
One exception to the disruption of residency rule for naturalization is when an LPR works for a U.S. employer abroad. In such cases, they may be allowed to file a USCIS Form N-470 to prevent the disruption of their lawful permanent residency. They must demonstrate that the U.S. company is engaged in the development of foreign trade and commerce, and either that it is a subsidiary of a U.S. company with more than 50% stock ownership or a publicly held corporation incorporated in the U.S.
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Employment discrimination protections
Lawful permanent residents in the US have certain protections from employment discrimination under the Immigration and Nationality Act. This means that employers cannot refuse to hire or fire someone because they are a lawful permanent resident or because of their national origin. Employers also cannot exclude lawful permanent residents or limit jobs only to US citizens.
If an employer treats a lawful permanent resident employee differently when verifying their permission to work based on their citizenship, immigration status, or national origin, they may be violating the law. This includes asking for documentation when it is not required or not allowing the employee to show the acceptable documentation of their choice when proving their permission to work.
The Civil Rights Division's Immigrant and Employee Rights Section (IER) investigates charges of employment discrimination related to an individual's citizenship, immigration status, or national origin. The Equal Employment Opportunity Commission (EEOC) also investigates employment discrimination based on national origin, in addition to other protected bases under Title VII of the Civil Rights Act of 1964. The federal government may penalize employers who discriminate against employees.
It is important to note that lawful permanent residents working and living outside the United States may lose their immigration status, even if they visit the country often. To avoid this, they must obtain prior approval from US Citizenship and Immigration Services (USCIS) in the form of a re-entry permit, which is typically valid for up to two years. Lawful permanent residents who work for a US employer abroad may be able to file a USCIS Form N-470 to prevent the disruption of their lawful permanent residency.
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Immigration status and work
Lawful permanent residents of the United States (or green card holders) can work in the United States at any legal work of their choosing. However, some jobs are limited to US citizens for security reasons.
If a lawful permanent resident wishes to work outside of the United States, they must be careful not to lose their residency status. Lawful permanent residents can lose their immigration status while living and working outside the United States, even if they visit the country often. To avoid this, they must obtain prior approval from US Citizenship and Immigration Services (USCIS) in the form of a re-entry permit. This can only be applied for in the United States and is typically issued for two years. Lawful permanent residents who remain outside of the United States for more than one year without this prior approval must obtain a new immigrant visa to return.
There are some exceptions to the rule. US government personnel (military and direct-hire civil service employees) and their spouses and minor children who hold Lawful Resident status can remain outside of the United States for the duration of an official overseas assignment plus four months without losing their resident status. Another exception is for US permanent residents working for a US employer abroad. If a resident has more than one year of physical presence in the US after receiving residency status and wants to work for a US company abroad, they may be allowed to file a USCIS Form N-470. This form prevents the disruption of lawful permanent residency for naturalization purposes. To qualify, the resident must show that the US company is engaged in the development of foreign trade and commerce. They must also show that either the company is a subsidiary of a US company (with more than 50% of stock owned by the US company) or that it is a publicly held corporation incorporated in the US.
Lawful permanent residents also have certain protections from employment discrimination under the Immigration and Nationality Act. Employers cannot refuse to hire or fire someone because they are a lawful permanent resident or because of their national origin. They also cannot exclude lawful permanent residents or limit jobs to US citizens only. When verifying a new employee's permission to work, employers must use Form I-9 (also known as authorization to work) and the employee can choose which acceptable documentation to present.
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Frequently asked questions
Lawful permanent residents can work overseas as contractors for a U.S. company, provided they have already spent more than a year in the U.S. after receiving their residency status. They must file a USCIS Form N-470 and show that the company is engaged in the development of foreign trade and commerce.
Lawful permanent residents can lose their immigration status while living and working outside the U.S. even if they visit the country often. To avoid this, they must obtain a re-entry permit, which is usually valid for two years.
Lawful permanent residents have certain protections from employment discrimination under the Immigration and Nationality Act. Employers cannot refuse to hire or fire someone because they are a lawful permanent resident or due to their national origin.
