By: Patricia Gannon, Esq. and Marcela Bermudez, Esq.
The increased adoption of remote work since the COVID pandemic has helped numerous workers enjoy the flexibility to work from anywhere in the world. While many have used the perk to travel and work simultaneously, doing so without proper approval in the U.S. can come with consequences. As enforcement of and changes to U.S. immigration policy take place, understanding the rules governing remote work for visitors in the U.S. can prevent immigration-status complications from jeopardizing legal standing.
The Myth That Keeps Getting People in Trouble
A common belief among cross-border remote workers is that if your employer is not American and your paycheck never touches U.S. soil, you are in the clear under U.S. immigration law. This belief is incorrect, as working remotely in the U.S. on a green card or tourist visa can negatively impact your immigration status and ability to return
For overseas workers digitally conducting work in the U.S., immigration authorities do not focus on where your employer is located or where your bank account sits. They focus on what you are physically doing inside the U.S., day by day.
If you are in the U.S. and performing services for your employer, you are working. It does not matter whether:
- Your employer has no U.S. office
- Your salary is paid in another country’s currency
- You are on a tourist visa, student visa, or any other non-work status
- Your work is done entirely online
Performing services and receiving compensation, in any form, from any country, while physically present in the U.S. is enough to put you in violation of your immigration status.
How This Policy Impacts Immigration Status
While many people have taken advantage of working remotely while traveling in the U.S., the issue comes up more often than most people realize.
It can impact:
- Digital nomads who plan to stay in the U.S. for weeks or months while working for a foreign company.
- Remote employees whose companies shifted to work-from-anywhere policies without accounting for U.S. immigration rules.
- Cross-border workers who live near a border and routinely perform job duties on the U.S. side.
- Short-term visitors who check emails, join client calls, or respond to work messages while on a B-1/B-2 tourist visa.
While each of these situations carries real legal risk, exceptions do exist. Certain visa categories, specific treaty provisions, and narrow fact patterns may allow limited work activity. An experienced immigration attorney can evaluate whether any of those apply to your situation.
What You Should Do to Protect Your Immigration Status When Working Remotely in the U.S.
If you are a non-U.S. citizen currently living or planning to visit the United States, and you have any work obligations to a foreign or domestic employer, consider taking the following steps:
- Do not perform any work-related tasks in the U.S. until you have spoken with immigration counsel.
- Do not rely on advice from your employer’s HR department or colleagues who “have done it before.”
- Get a clear legal opinion on your specific visa status and work arrangement.
Violations can lead to a voided visa, removal proceedings, bans on future entry, and damage to pending applications for permanent residence or citizenship.
Greenspoon Marder’s immigration attorneys advise individuals and companies navigating exactly these situations. If you have questions about your immigration status, visa, or what counts as “work” under U.S. law, reach out today.
