Q: Can you work remotely for France From California What are the rules
I am a freelance worker in France, and my company is based in France, with French clients. I will not be working for usa, I will just be working remotely from California because I want to join my partner who is studying there. For a period of 3 months, do I need a visa? If yes, which one, and can I continue practicing my profession from the United States
A:
As a French citizen planning to work remotely for a French company while staying in California for three months, you need to be aware of both U.S. immigration and employment laws. To enter the United States for any purpose, including working remotely for a non-U.S. company, you generally need a visa. However, for short stays (90 days or less), citizens of countries under the Visa Waiver Program (VWP), including France, may enter the U.S. without a visa for tourism or business purposes under the Electronic System for Travel Authorization (ESTA).
While under ESTA you can engage in certain business activities, such as attending meetings or conferences, the specific allowance for remote work for a foreign employer while in the U.S. can be a gray area. It's important to ensure that your activities do not violate the terms of the VWP, as it does not permit actual employment or labor in the U.S.
Given the complexity of U.S. immigration rules and the potential consequences of violating them, it's advisable to consult with an immigration attorney. They can provide guidance on whether your planned activities are permissible under the VWP or if a different type of visa would be more appropriate for your situation.
Remember, immigration laws are subject to interpretation and change, so getting the most current advice is crucial. Additionally, consider the tax implications of working in the U.S., even temporarily, as this might affect your tax situation in both the U.S. and France.
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