Is It Legal to Work Remotely for a Foreign Company While in the U.S. on a B1/B2 Visa?
The article explains that B1/B2 visa holders may not work while in the United States, including remote work for a foreign employer or self-employment generating income, and notes the same restriction applies to other visa types such as J, F and M without work authorization. It also clarifies that a USCIS statement about searching for and interviewing for jobs in B1/B2 status does not mean work is permitted.
Yesterday a reader asked: if someone holds a B1/B2 visa and, while visiting family in the U.S., works remotely for a Canadian company, is that legal? The employer is a Canadian company and the person works from home within the U.S. In short, this is not permitted and is not legal.
A person on a B1/B2 visa may not work while in the U.S., and this is unrelated to where the employer is located. You cannot work remotely, including for a company in another country, nor can you work for yourself, such as by running your own company or being a paid YouTuber. This issue applies to all visa types that do not permit work in the U.S., including J, F, and M student visas, among others (unless you have a separate work authorization).
Of course, we are discussing here what is 'not allowed and illegal,' not 'how would they ever find out?' If your employer is in China, is a Chinese company, and your salary is deposited into your Chinese bank account, how would immigration authorities know? You think about that yourself; I cannot teach you to do illegal things.
There are two types of B visas: B1 is for short-term business, and B2 is for personal tourism. However, U.S. consulates often issue B1/B2 together, meaning the same visa can be used for both business activities and personal travel, visiting friends, seeing relatives, and so on. Permitted business activities include attending exhibitions, conferences, meeting investors, conducting market research, and signing contracts, but you cannot 'work.'
Many years ago, when I first came to the U.S., my company sent me to its Cleveland headquarters for training, and I was in B1 status at the time. A company lawyer specifically explained to me what I could and could not do. For example, to reinforce the training, having me actually operate a project hands-on was fine. But if the China team was too busy and I asked whether I could help remotely with some productive tasks, that was not permitted.
Last year, a tweet from USCIS was misinterpreted by many as saying 'B1/2 holders can work in the U.S.' The tweet said: 'Many people have asked if they can look for a new job while in B-1 or B-2 status. The answer is, yes. Searching for employment and interviewing for a position are permissible B-1 or B-2 activities.'
Actually, that tweet said B1/B2 holders can 'look for' a job in the U.S., including interviewing, not that they can 'work.' The background was that many tech giants had H-1B layoffs at the time, and USCIS was merely reminding you: if you cannot find a new employer within the 60-day grace period, you can change to B1/B2 status to stay in the U.S. and continue job hunting. If you find a job, the new employer needs to sponsor your H-1B again, and you can only work after obtaining a new H-1B status.
