Freelancing for a Home-Based Company on a B1/B2 Visa in the USA

The rules surrounding freelancing for a company in your home country while on a B1/B2 visa in the USA can be complex and often unclear. It is essential to understand the legal subtleties and best practices to avoid visa violations. This article aims to provide a comprehensive guide on the subject, along with examples and scenarios to help clarify the situation.

Overview of B1/B2 Visa Regulations

Visitors on a B1/B2 visa are typically allowed to enter the United States for tourism, business meetings, or conferences. However, working in the USA, whether physically or remotely, is strictly prohibited without specific authorization. The U.S. Department of Homeland Security (DHS) and the United States Citizenship and Immigration Services (USCIS) have strict policies governing any form of employment, even if the work is related to a company based in your home country.

Is Freelancing for a Foreign Company Permissible?

Freelancing for a company in your home country while residing in the USA on a B1/B2 visa can be permissible, but there are certain conditions:

Permissible Scenarios:

B1/B2 Visa Holders can work on U.S. soil for a foreign employer as long as the compensation comes from the foreign employer. Freelancing for foreign companies that do not have operations in the USA is generally acceptable. Dundrums (promoting business for a foreign company) from within the USA may be permissible if done on a temporary, incidental basis.

Questionable Scenarios:

Freelancing for a foreign company operating in the USA can be considered questionable. It may be scrutinized, and there is a risk of immigration violations. Remotely working for a multinational company based in a foreign country with a U.S. division, even briefly, is generally not advisable. Banking in the USA or frequently visiting a U.S. office may raise red flags and could be seen as living in the USA, which is not allowed on a B1/B2 visa.

Common Scenarios and Legal Considerations

Here are some real-life scenarios to help illustrate the legal landscape:

Scenarios

Working as a Translator: If you are paid by a company outside the U.S. to translate documents for a wealthy visitor, you may be in compliance as long as you are not establishing a permanent business presence in the USA. Dundrums for Business Expansion: Promoting business opportunities for your foreign company while in the USA can be acceptable, but it should be incidental to your tourist activities. Rejecting Multinational Work: Being paid by a multinational company based in a foreign country but maintaining an office in the USA for more than a brief period is not permissible.

Key Points to Consider

According to the USCIS blog post, you should be aware of the following:

Working in the USA, including remotely, is not allowed with a B1/B2 visa. Tourist status on a B1/B2 visa does not entitle you to work, even if it is remote work for an employer in a foreign country. Visitors on a B1/B2 visa should not engage in business activities that would suggest they are not merely tourists.

Conclusion

Freelancing for a home-based company on a B1/B2 visa is possible, but it requires careful adherence to U.S. immigration laws. The key is to ensure that your activities do not blur the line between a business visit and a work assignment. Always be honest during the visa application process, and avoid activities that could lead to visa violations or permanent bans from the U.S.