Visitors to the United States cannot work. That rule is simple to state and surprisingly easy to break, because the line between permitted business activities and employment is not always intuitive. Crossing it can lead to refusal at the airport, cancellation of a visa and serious problems in future applications.
What visitors can do
The State Department’s visitor visa page describes permitted purposes. In general:
- B-2 tourism: vacation, visiting family and friends, medical treatment, social events, and short recreational courses not for credit.
- B-1 business: consulting with business associates, attending conferences, negotiating contracts, and settling an estate. Our Visa Library compares B-1 and B-2.
Myth: It is only work if a U.S. company pays you
False. The question is the activity, not only who pays. Performing productive work in the United States, such as producing goods or services for a business, generally counts as employment even if a foreign employer pays. There are narrow exceptions in specific B-1 categories. Our Visa Library explains B-1 in lieu of H-1B and its risks.
Myth: Unpaid work is fine
Often false. Volunteering can be permitted in limited circumstances, such as certain religious or charitable activities where the visitor receives no compensation and the work is not a job that would otherwise be paid. Unpaid work that replaces a paid position, or an unpaid internship, is generally not allowed.
Myth: Remote work for a home employer is always allowed
Unclear, and risky. Many visitors check email or handle incidental tasks for their home employer during a trip. Doing a regular job from the United States for weeks on a visitor visa, however, can be seen as inconsistent with a visit, especially if the trip was planned around it. CBP officers decide at entry based on the traveler’s stated purpose. Get advice before planning extended remote work during a visit.
Myth: Short gigs do not count
False. Performing, freelancing, content creation for paying clients, speaking for fees outside narrow honoraria rules, or short construction or caregiving jobs are generally work.
Myth: Looking for a job is prohibited
False. Visitors may attend interviews and explore opportunities. Starting the job requires a work-authorized status, usually obtained through an employer petition and, in most cases, a visa abroad.
What happens if you work
- At the airport: evidence of planned work can lead to refusal of admission. See reasons travelers are sent back.
- Misrepresentation: working soon after entry can lead consular officers to presume the traveler misrepresented their purpose, under the State Department’s 90-day guidance. A misrepresentation finding can permanently bar future visas unless waived.
- Status violation: unauthorized work can make a person ineligible to change or adjust status later, with exceptions for some Immediate relativeSpouses, unmarried children under 21, and parents of U.S. citizens. These categories are not subject to annual numerical limits.See it in the glossary.
- Removal: unauthorized employment is a ground for removal.
Employers face consequences too
U.S. employers must verify work authorization on Form I-9. Hiring someone without authorization can lead to fines and other penalties.
The right path for work
People who want to work need a work-authorized status, such as Cap-subject and cap-exempt (H-1B)The H-1B category has an annual limit of 65,000 new visas or statuses per fiscal year, plus 20,000 more for people with a U.S. master's degree or higher. Petitions counted toward that limit are cap-subject. Petitions from higher education institutions, their related or affiliated nonprofits, and nonprofit or governmental research organizations are cap-exempt.See it in the glossary, L-1, O-1, TN or E. See which work visa fits. For the difference between visiting and moving, read tourist visit versus moving.
If plans change during a visit
A visitor who receives a job offer should not start working. The employer usually must file a petition, and in most cases the person must leave and obtain a work visa abroad. Some categories allow a Change of statusMoving from one nonimmigrant category to another without leaving the United States, such as from B-2 visitor to F-1 student. It is requested from USCIS, usually on Form I-539 or Form I-129 depending on the category, and USCIS decides in its discretion. The request generally must be filed before the current authorized stay expires, and some categories, such as K-1, cannot change status. It is different from adjustment of status, which leads to permanent residence.See it in the glossary in the United States, but starting work before approval is not allowed. See changing status from a tourist visa for how a similar process works for students.
Business visitors versus temporary workers
The main test is whether the visitor is doing business for a foreign employer or working in the U.S. labor market. A foreign sales manager meeting U.S. clients is usually a business visitor. The same person running a U.S. office, managing U.S. staff or installing equipment for a U.S. customer may need a work visa, depending on the facts. Employers should review activities before booking travel.
Students visiting before enrollment
Prospective students may visit campuses on visitor visas, but they cannot begin a course of study until they hold student status. See F-1 versus a prospective student visit.
Quick reference
- Generally permitted: meetings, conferences, negotiations, consultations, research for personal purposes, tourism, medical treatment.
- Generally not permitted: paid or unpaid productive work for a U.S. business, freelancing for clients, performing for pay, hands-on labor, internships.
- Gray areas: extended remote work for a home employer, volunteering, installation or servicing of equipment. Get advice before relying on these.
When unsure, it is safer to assume an activity needs work authorization until confirmed otherwise.
Common questions
Can I attend a business conference and give a talk?
Attending conferences is a permitted B-1 activity. Being paid for speaking raises additional rules, so check before accepting a fee.
Can my visiting parents babysit my children?
Caring for family members informally during a visit is generally different from employment. Being paid to provide childcare for others would be work.
Can I sell my products at a U.S. market while visiting?
Selling goods in the United States during a visit is generally work, not a permitted visitor activity.
Can ESTA travelers do business meetings?
Yes. The Visa Waiver Program (VWP)A program that lets citizens or nationals of designated countries travel to the United States for tourism or business for stays of 90 days or less without a visa. Travelers need approval through the Electronic System for Travel Authorization (ESTA) before boarding and must hold an e-passport. ESTA approval does not guarantee admission, because a CBP officer decides at the port of entry.See it in the glossary allows the same types of business visits as B-1, with the same prohibition on work.