Asked in Immigration Law

Q: Can I do my contract remote work for my US company as a tourist in US? I've read that you can if you are not an employee

I am a Filipino US Tourist visa holder. My work is contractual and fully remote which allows me to do work anywhere in the world. I am visiting the US in a few months but I am wondering if I could do work while in the US. I have read from some articles that you can as long as you're not a full-time employee of the US company.

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1 Lawyer Answer
Kevin L Dixler
Kevin L Dixler
Answered
  • Immigration Law Lawyer
  • Chicago, IL

A: A B2 visitor for tourism cannot lawfully live and work in the U.S. You must have a work visa where your employer must prove that it has a need for you to work in the U.S.

That means, if you are working and deriving an income, while residing in the U.S. in non-immigrant visitor status, then this is a violation. If the funds that are earned are being used while you are in the U.S., then you are receiving remunerations for employment while residing in the U.S. Employment is considered an immigration benefit, not a privilege, for those visiting the U.S. on non-immigrant visas. This is abusing the terms of your B2 visitor visa if you plan to enter to engage in work while you are on a tourist visa.

You will be considered a tax resident for taxation purposes if you are in the U.S. for more than 183 days. This may create more complications.

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