If you plan to work remotely while visiting the United States, even for a non-U.S. company, you could violate immigration rules. While digital nomad visas exist in other countries, the United States has no such option.
This article explains what you need to know before working online from the U.S.
Table of Contents
1. Who Is Considered a Digital Nomad?
A digital nomad works online while traveling or living in different countries. They may be freelancers, remote employees, or business owners. Even though their employer or clients are outside the U.S., U.S. immigration law looks at the activity being done while physically inside the U.S.
2. What the B-1/B-2 Visa Allows
The B-1/B-2 visa is for short-term visits to the U.S. for business or pleasure.
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B-1: Attending meetings, negotiating contracts, or participating in business-related events
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B-2: Tourism, visiting friends, or receiving medical treatment
These visas do not allow ongoing remote work, even if it is for a foreign employer. The Visa Waiver Program (ESTA) also falls under similar restrictions.
3. What U.S. Immigration Considers “Work”
According to INA 101(a)(15)(B) and 9 FAM 402.2-5(A), any activity that brings income, replaces a U.S. worker, or is considered productive labor may be classified as work—even if done remotely for a foreign entity.
This includes:
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Logging into your employer’s system
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Sending client emails
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Delivering digital products or services
If done from within the United States, these actions may be interpreted as unauthorized work.
4. The Risk of Working on a Tourist Visa
Attempting to work remotely while on a B-1/B-2 visa or ESTA can result in:
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Denial of entry at the airport
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Cancellation of your visa
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Future inadmissibility under INA 214(b)
You must be able to prove that your visit is temporary and for a permissible purpose. Simply saying “I work online” may be enough to raise red flags with U.S. Customs and Border Protection (CBP) officers.
5. Is There a U.S. Digital Nomad Visa?
No, the United States does not offer a visa specifically for digital nomads. Unlike some countries that have introduced remote worker visas, U.S. immigration policy has no dedicated path for foreign nationals to live in the U.S. while working remotely for a non-U.S. employer.
6. Visas That May Support Remote Work
While there is no official remote work visa, the following categories may be options depending on your situation:
| Visa Type | Possibility of Remote Work | Notes |
|---|---|---|
| O-1 | Yes | For those with extraordinary ability in a specific field |
| L-1 | Yes | For intra-company transfers from a foreign branch |
| E-2 | Yes | For investors managing a U.S. business |
| H-1B | Yes | For workers sponsored by a U.S. employer |
| TN | Yes | For professionals from Canada or Mexico under USMCA |
These visas require sponsorship or investment, and none are designed purely for freelance digital nomads.
7. What the Foreign Affairs Manual Says
According to 9 FAM 402.2, especially sections 402.2-2 and 402.2-5(A), visitors in B status must:
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Maintain a foreign residence
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Have limited and specific plans
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Refrain from engaging in unlawful work
Doing remote work while in the U.S., even if paid by a foreign company, may be interpreted as unauthorized labor.
The Matter of Hira case supports some limited B-1 activities (e.g., measurements for suits manufactured abroad), but the work must be incidental and not replace labor performed in the U.S.
8. Final Considerations
If you’re thinking about entering the U.S. as a digital nomad:
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Do not rely on a B-1/B-2 visa for remote work
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Avoid working while visiting on ESTA
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Speak to an immigration attorney to explore legal visa options
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Always be honest at the port of entry
There may be a legal way to live and work remotely in the U.S., but it won’t be under a tourist visa.
Conclusion
If you’re a digital nomad planning to work while visiting the U.S., it’s important to know that most remote work is not allowed on a B-1 or B-2 visa. U.S. immigration law focuses on your activities while in the country, not just where your employer is based. To avoid visa issues, speak with an immigration professional before making travel or work plans.
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We Can Help!
If you have any questions regarding working in the U.S. as a digital nomad, we invite you to contact our team at Richards and Jurusik for detailed guidance and assistance. We aim to provide the most accurate and up-to-date information to make your immigration process smoother and less stressful. The immigration lawyers at Richards and Jurusik have decades of experience helping people to work and live in the United States. Please read some of our hundreds of 5-star client reviews! Contact us today to assess your legal situation.
