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Is doing online work (making websites, programming, graphics, writing etc) in the US illegal if you're not a permanent resident and you are on a tourist visa?

Could you do it and get paid on a non-US bank account or PayPal without getting caught? What would be the consequences if caught?

Edit: as a user pointed out in a comment, I didn't specify whether the worker is a contractor or employee and whether the employer is a US person or entity or not. If you could please answer telling about both cases it'd be great.

Cocobanana
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2 Answers2

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Generally, yes, it is illegal to work in the US while present as a visitor. There are some exceptions for "business visitors" who must travel to the US to meet with clients or to supervise work being performed by US workers, but even then such a person should be in B-1 or WB status as a business visitor rather than B-2 or WT status as a tourist.

Working for a US employer is definitely prohibited, since, as noted by USCIS, income from a US source is disqualifying for a B-1 visa:

Requirement 3 - You cannot draw any salary from a United States entity.

It is permissible to conduct business activities on behalf of a foreign employer, but no salary may come from a U.S. source. In some cases, however, you may receive reimbursement from a U.S. source for reasonable incidental expenses incurred while in the United States.

As to working for foreign employers, you can have a look at Travel Stack Exchange, where the question I want to travel to the USA while working remotely for my non-US employer has several anecdotal answers describing visa denials and entry refusals for people who disclosed that they were planning to work remotely for their foreign employers. However, I found no unambiguous prohibition in Title 8 of the US Code nor in Title 8 of the Code of Federal Regulations. It is, however, very unlikely that it would be worthwhile to pursue a court challenge to the current policy.

As an aside, Canada has a different policy on this, as outlined in this Travel.SE answer (note that the category of "temporary resident" includes tourists):

Here's what the Immigration, Refugees and Citizenship Canada says about What kind of activities are not considered to be “work”?:

long distance (by telephone or internet) work done by a temporary resident whose employer is outside Canada and who is remunerated from outside Canada;

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phoog
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A. Definitely legal if the entity paying you is domiciled outside the US.

When the entity is domiciled in the US, it depends on the nature of your relationship with it:

  • B. Legal if you are in a business-to-business relationship with the entity, i.e. they are paying your invoices as opposed to salary. That is, if you are essentially self-employed;

  • C. Illegal if you are an employee of the entity. That is, if you are on their salary payroll and they pay your taxes on your behalf.

Note that "Contracting" with a US entity normally falls under B, however this might not always be obvious for immigration / border control officials and some effort might be needed to prove you are within the law. One way to make this easy is to own a company registered outside the US and contract as the company as opposed to yourself as individual.

Greendrake
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