Which visa for a remote freelancer with a US client traveling to the United States?
.everyoneloves__top-leaderboard:empty,.everyoneloves__mid-leaderboard:empty margin-bottom:0;
up vote
9
down vote
favorite
I'm a freelancer currently working remotely for a US client. They'd like me to stay with them for a short amount of time (1-2 weeks). Purpose of this trip is to attend meetings and work there for the duration of my stay.
Would this be possible with a B1 visa? Or would it require the H1B?
I was also thinking of taking a few weeks off and extending my stay for pleasure, could this be done on either of these visas?
usa b1-b2-visas h1b-visas freelance
edited Mar 26 at 1:46
dda
14.3k32951
asked Mar 26 at 0:26
potorr
484
add a comment |Â
up vote
9
down vote
favorite
I'm a freelancer currently working remotely for a US client. They'd like me to stay with them for a short amount of time (1-2 weeks). Purpose of this trip is to attend meetings and work there for the duration of my stay.
Would this be possible with a B1 visa? Or would it require the H1B?
I was also thinking of taking a few weeks off and extending my stay for pleasure, could this be done on either of these visas?
usa b1-b2-visas h1b-visas freelance
edited Mar 26 at 1:46
dda
14.3k32951
asked Mar 26 at 0:26
potorr
484
Are you employed directly by the US client (ie: did you have to fill out a W-8BEN form?), or do you work for (and are being paid by) a company in your own country that has sold services to your US client? The details of your relationship with the client matter.
– J...
Mar 26 at 12:04
I should have mentioned, I'm self-employed. I work through a company of which I am the owner of.
– potorr
Mar 26 at 13:53
add a comment |Â
up vote
9
down vote
favorite
up vote
9
down vote
favorite
I'm a freelancer currently working remotely for a US client. They'd like me to stay with them for a short amount of time (1-2 weeks). Purpose of this trip is to attend meetings and work there for the duration of my stay.
Would this be possible with a B1 visa? Or would it require the H1B?
I was also thinking of taking a few weeks off and extending my stay for pleasure, could this be done on either of these visas?
usa b1-b2-visas h1b-visas freelance
edited Mar 26 at 1:46
dda
14.3k32951
asked Mar 26 at 0:26
potorr
484
I'm a freelancer currently working remotely for a US client. They'd like me to stay with them for a short amount of time (1-2 weeks). Purpose of this trip is to attend meetings and work there for the duration of my stay.
Would this be possible with a B1 visa? Or would it require the H1B?
I was also thinking of taking a few weeks off and extending my stay for pleasure, could this be done on either of these visas?
usa b1-b2-visas h1b-visas freelance
edited Mar 26 at 1:46
dda
14.3k32951
asked Mar 26 at 0:26
potorr
484
edited Mar 26 at 1:46
dda
14.3k32951
edited Mar 26 at 1:46
dda
14.3k32951
edited Mar 26 at 1:46
dda
14.3k32951
14.3k32951
asked Mar 26 at 0:26
potorr
484
asked Mar 26 at 0:26
potorr
484
asked Mar 26 at 0:26
potorr
484
484
Are you employed directly by the US client (ie: did you have to fill out a W-8BEN form?), or do you work for (and are being paid by) a company in your own country that has sold services to your US client? The details of your relationship with the client matter.
– J...
Mar 26 at 12:04
I should have mentioned, I'm self-employed. I work through a company of which I am the owner of.
– potorr
Mar 26 at 13:53
add a comment |Â
Are you employed directly by the US client (ie: did you have to fill out a W-8BEN form?), or do you work for (and are being paid by) a company in your own country that has sold services to your US client? The details of your relationship with the client matter.
– J...
Mar 26 at 12:04
I should have mentioned, I'm self-employed. I work through a company of which I am the owner of.
– potorr
Mar 26 at 13:53
Are you employed directly by the US client (ie: did you have to fill out a W-8BEN form?), or do you work for (and are being paid by) a company in your own country that has sold services to your US client? The details of your relationship with the client matter.
– J...
Mar 26 at 12:04
Are you employed directly by the US client (ie: did you have to fill out a W-8BEN form?), or do you work for (and are being paid by) a company in your own country that has sold services to your US client? The details of your relationship with the client matter.
– J...
Mar 26 at 12:04
I should have mentioned, I'm self-employed. I work through a company of which I am the owner of.
– potorr
Mar 26 at 13:53
I should have mentioned, I'm self-employed. I work through a company of which I am the owner of.
– potorr
Mar 26 at 13:53
add a comment |Â
1 Answer
1
active
oldest
votes
up vote
10
down vote
accepted
Purpose of this trip is to attend meetings and work there for the duration of my stay. Would this be possible with a B1 visa?
This is kind of a grey area as B1 visas are supposed to be used for business, but there isn't a precise definition of what "business" is. Washing someone's car is definitely not a form of doing business. Attending a meeting is usually business. But what about doing some coding after the meeting is over? That's where the grey area begins.
But as a general rule you should be okay. Simply make sure to never mention the word "work" when you arrive in front of an immigration officer in the US. Say you are there for meetings, team building, discussion of projects, etc, but not "work". Presumably that's the truth in your case - you are only going to visit the US to do things which are hard to resolve remotely.
Source: visiting the US on a B1 visa to meet with colleagues.
I was also thinking of taking a few weeks off and extending my stay for pleasure, could this be done on either of these visas?
If you're admitted as a B1 visitor you may also engage in tourist activities. No extra visas are required for that purpose.
answered Mar 26 at 2:44
JonathanReez♦
46.6k36213457
3
Is this correct? It certainly would be if the asker worked for and was being paid by a non-US company, but the asker is proposing to work for and be paid by a US company. I was under the impression that this isn't allowed on a B-visa.
– David Richerby
Mar 26 at 11:04
3
This is dicey advice. We don't currently know enough to suggest the correct course of action for OP. Getting this wrong can result in serious trouble.
– J...
Mar 26 at 12:05
2
Being a freelance contractor is very different from being an employee of some corporation who normally works in country X but is briefly visiting the USA (regardless of whether the corporation is headquartered in the USA).
– David Richerby
Mar 26 at 13:38
2
@potorr That said, IANAL, and sometimes the foreign-employee-wearing-a-"company"-umbrella scheme doesn't always play out with authorities. Depending on the circumstances and the type of work you do you may still be considered an employee due to the specifics of your relationship, even if you have put a company hat on yourself. I'm not sure what the specific rules are in the US regarding this.
– J...
Mar 26 at 14:19
2
I was in exactly the same situation as the OP for about 10 years. I owned my own company and had a customer in the USA, who I visited occasionally, typically for between 1 and 4 weeks at a time, paid for by the US company and I had a B1 visa to do so. As already noted, avoid mention of 'working' in the US - you're 'doing business', 'attending meetings', 'negotiating contracts', etc ... My first trip was viewed with some suspicion by the visa officer (and i was only granted a short-term visa for the exact dates I had requested), but following visas were issued for 2 years, followed by 10 years.
– brhans
Mar 26 at 18:47
 |Â
show 10 more comments
1 Answer
1
active
oldest
votes
1 Answer
1
active
oldest
votes
active
oldest
votes
active
oldest
votes
up vote
10
down vote
accepted
Purpose of this trip is to attend meetings and work there for the duration of my stay. Would this be possible with a B1 visa?
This is kind of a grey area as B1 visas are supposed to be used for business, but there isn't a precise definition of what "business" is. Washing someone's car is definitely not a form of doing business. Attending a meeting is usually business. But what about doing some coding after the meeting is over? That's where the grey area begins.
But as a general rule you should be okay. Simply make sure to never mention the word "work" when you arrive in front of an immigration officer in the US. Say you are there for meetings, team building, discussion of projects, etc, but not "work". Presumably that's the truth in your case - you are only going to visit the US to do things which are hard to resolve remotely.
Source: visiting the US on a B1 visa to meet with colleagues.
I was also thinking of taking a few weeks off and extending my stay for pleasure, could this be done on either of these visas?
If you're admitted as a B1 visitor you may also engage in tourist activities. No extra visas are required for that purpose.
answered Mar 26 at 2:44
JonathanReez♦
46.6k36213457
3
Is this correct? It certainly would be if the asker worked for and was being paid by a non-US company, but the asker is proposing to work for and be paid by a US company. I was under the impression that this isn't allowed on a B-visa.
– David Richerby
Mar 26 at 11:04
3
This is dicey advice. We don't currently know enough to suggest the correct course of action for OP. Getting this wrong can result in serious trouble.
– J...
Mar 26 at 12:05
2
Being a freelance contractor is very different from being an employee of some corporation who normally works in country X but is briefly visiting the USA (regardless of whether the corporation is headquartered in the USA).
– David Richerby
Mar 26 at 13:38
2
@potorr That said, IANAL, and sometimes the foreign-employee-wearing-a-"company"-umbrella scheme doesn't always play out with authorities. Depending on the circumstances and the type of work you do you may still be considered an employee due to the specifics of your relationship, even if you have put a company hat on yourself. I'm not sure what the specific rules are in the US regarding this.
– J...
Mar 26 at 14:19
2
I was in exactly the same situation as the OP for about 10 years. I owned my own company and had a customer in the USA, who I visited occasionally, typically for between 1 and 4 weeks at a time, paid for by the US company and I had a B1 visa to do so. As already noted, avoid mention of 'working' in the US - you're 'doing business', 'attending meetings', 'negotiating contracts', etc ... My first trip was viewed with some suspicion by the visa officer (and i was only granted a short-term visa for the exact dates I had requested), but following visas were issued for 2 years, followed by 10 years.
– brhans
Mar 26 at 18:47
 |Â
show 10 more comments
up vote
10
down vote
accepted
Purpose of this trip is to attend meetings and work there for the duration of my stay. Would this be possible with a B1 visa?
This is kind of a grey area as B1 visas are supposed to be used for business, but there isn't a precise definition of what "business" is. Washing someone's car is definitely not a form of doing business. Attending a meeting is usually business. But what about doing some coding after the meeting is over? That's where the grey area begins.
But as a general rule you should be okay. Simply make sure to never mention the word "work" when you arrive in front of an immigration officer in the US. Say you are there for meetings, team building, discussion of projects, etc, but not "work". Presumably that's the truth in your case - you are only going to visit the US to do things which are hard to resolve remotely.
Source: visiting the US on a B1 visa to meet with colleagues.
I was also thinking of taking a few weeks off and extending my stay for pleasure, could this be done on either of these visas?
If you're admitted as a B1 visitor you may also engage in tourist activities. No extra visas are required for that purpose.
answered Mar 26 at 2:44
JonathanReez♦
46.6k36213457
3
Is this correct? It certainly would be if the asker worked for and was being paid by a non-US company, but the asker is proposing to work for and be paid by a US company. I was under the impression that this isn't allowed on a B-visa.
– David Richerby
Mar 26 at 11:04
3
This is dicey advice. We don't currently know enough to suggest the correct course of action for OP. Getting this wrong can result in serious trouble.
– J...
Mar 26 at 12:05
2
Being a freelance contractor is very different from being an employee of some corporation who normally works in country X but is briefly visiting the USA (regardless of whether the corporation is headquartered in the USA).
– David Richerby
Mar 26 at 13:38
2
@potorr That said, IANAL, and sometimes the foreign-employee-wearing-a-"company"-umbrella scheme doesn't always play out with authorities. Depending on the circumstances and the type of work you do you may still be considered an employee due to the specifics of your relationship, even if you have put a company hat on yourself. I'm not sure what the specific rules are in the US regarding this.
– J...
Mar 26 at 14:19
2
I was in exactly the same situation as the OP for about 10 years. I owned my own company and had a customer in the USA, who I visited occasionally, typically for between 1 and 4 weeks at a time, paid for by the US company and I had a B1 visa to do so. As already noted, avoid mention of 'working' in the US - you're 'doing business', 'attending meetings', 'negotiating contracts', etc ... My first trip was viewed with some suspicion by the visa officer (and i was only granted a short-term visa for the exact dates I had requested), but following visas were issued for 2 years, followed by 10 years.
– brhans
Mar 26 at 18:47
 |Â
show 10 more comments
up vote
10
down vote
accepted
up vote
10
down vote
accepted
Purpose of this trip is to attend meetings and work there for the duration of my stay. Would this be possible with a B1 visa?
This is kind of a grey area as B1 visas are supposed to be used for business, but there isn't a precise definition of what "business" is. Washing someone's car is definitely not a form of doing business. Attending a meeting is usually business. But what about doing some coding after the meeting is over? That's where the grey area begins.
But as a general rule you should be okay. Simply make sure to never mention the word "work" when you arrive in front of an immigration officer in the US. Say you are there for meetings, team building, discussion of projects, etc, but not "work". Presumably that's the truth in your case - you are only going to visit the US to do things which are hard to resolve remotely.
Source: visiting the US on a B1 visa to meet with colleagues.
I was also thinking of taking a few weeks off and extending my stay for pleasure, could this be done on either of these visas?
If you're admitted as a B1 visitor you may also engage in tourist activities. No extra visas are required for that purpose.
answered Mar 26 at 2:44
JonathanReez♦
46.6k36213457
Purpose of this trip is to attend meetings and work there for the duration of my stay. Would this be possible with a B1 visa?
This is kind of a grey area as B1 visas are supposed to be used for business, but there isn't a precise definition of what "business" is. Washing someone's car is definitely not a form of doing business. Attending a meeting is usually business. But what about doing some coding after the meeting is over? That's where the grey area begins.
But as a general rule you should be okay. Simply make sure to never mention the word "work" when you arrive in front of an immigration officer in the US. Say you are there for meetings, team building, discussion of projects, etc, but not "work". Presumably that's the truth in your case - you are only going to visit the US to do things which are hard to resolve remotely.
Source: visiting the US on a B1 visa to meet with colleagues.
I was also thinking of taking a few weeks off and extending my stay for pleasure, could this be done on either of these visas?
If you're admitted as a B1 visitor you may also engage in tourist activities. No extra visas are required for that purpose.
answered Mar 26 at 2:44
JonathanReez♦
46.6k36213457
edited Mar 26 at 4:29
answered Mar 26 at 2:44
JonathanReez♦
46.6k36213457
answered Mar 26 at 2:44
JonathanReez♦
46.6k36213457
answered Mar 26 at 2:44
JonathanReez♦
46.6k36213457
46.6k36213457
3
Is this correct? It certainly would be if the asker worked for and was being paid by a non-US company, but the asker is proposing to work for and be paid by a US company. I was under the impression that this isn't allowed on a B-visa.
– David Richerby
Mar 26 at 11:04
3
This is dicey advice. We don't currently know enough to suggest the correct course of action for OP. Getting this wrong can result in serious trouble.
– J...
Mar 26 at 12:05
2
Being a freelance contractor is very different from being an employee of some corporation who normally works in country X but is briefly visiting the USA (regardless of whether the corporation is headquartered in the USA).
– David Richerby
Mar 26 at 13:38
2
@potorr That said, IANAL, and sometimes the foreign-employee-wearing-a-"company"-umbrella scheme doesn't always play out with authorities. Depending on the circumstances and the type of work you do you may still be considered an employee due to the specifics of your relationship, even if you have put a company hat on yourself. I'm not sure what the specific rules are in the US regarding this.
– J...
Mar 26 at 14:19
2
I was in exactly the same situation as the OP for about 10 years. I owned my own company and had a customer in the USA, who I visited occasionally, typically for between 1 and 4 weeks at a time, paid for by the US company and I had a B1 visa to do so. As already noted, avoid mention of 'working' in the US - you're 'doing business', 'attending meetings', 'negotiating contracts', etc ... My first trip was viewed with some suspicion by the visa officer (and i was only granted a short-term visa for the exact dates I had requested), but following visas were issued for 2 years, followed by 10 years.
– brhans
Mar 26 at 18:47
 |Â
show 10 more comments
3
Is this correct? It certainly would be if the asker worked for and was being paid by a non-US company, but the asker is proposing to work for and be paid by a US company. I was under the impression that this isn't allowed on a B-visa.
– David Richerby
Mar 26 at 11:04
3
This is dicey advice. We don't currently know enough to suggest the correct course of action for OP. Getting this wrong can result in serious trouble.
– J...
Mar 26 at 12:05
2
Being a freelance contractor is very different from being an employee of some corporation who normally works in country X but is briefly visiting the USA (regardless of whether the corporation is headquartered in the USA).
– David Richerby
Mar 26 at 13:38
2
@potorr That said, IANAL, and sometimes the foreign-employee-wearing-a-"company"-umbrella scheme doesn't always play out with authorities. Depending on the circumstances and the type of work you do you may still be considered an employee due to the specifics of your relationship, even if you have put a company hat on yourself. I'm not sure what the specific rules are in the US regarding this.
– J...
Mar 26 at 14:19
2
I was in exactly the same situation as the OP for about 10 years. I owned my own company and had a customer in the USA, who I visited occasionally, typically for between 1 and 4 weeks at a time, paid for by the US company and I had a B1 visa to do so. As already noted, avoid mention of 'working' in the US - you're 'doing business', 'attending meetings', 'negotiating contracts', etc ... My first trip was viewed with some suspicion by the visa officer (and i was only granted a short-term visa for the exact dates I had requested), but following visas were issued for 2 years, followed by 10 years.
– brhans
Mar 26 at 18:47
3
3
Is this correct? It certainly would be if the asker worked for and was being paid by a non-US company, but the asker is proposing to work for and be paid by a US company. I was under the impression that this isn't allowed on a B-visa.
– David Richerby
Mar 26 at 11:04
Is this correct? It certainly would be if the asker worked for and was being paid by a non-US company, but the asker is proposing to work for and be paid by a US company. I was under the impression that this isn't allowed on a B-visa.
– David Richerby
Mar 26 at 11:04
3
3
This is dicey advice. We don't currently know enough to suggest the correct course of action for OP. Getting this wrong can result in serious trouble.
– J...
Mar 26 at 12:05
This is dicey advice. We don't currently know enough to suggest the correct course of action for OP. Getting this wrong can result in serious trouble.
– J...
Mar 26 at 12:05
2
2
Being a freelance contractor is very different from being an employee of some corporation who normally works in country X but is briefly visiting the USA (regardless of whether the corporation is headquartered in the USA).
– David Richerby
Mar 26 at 13:38
Being a freelance contractor is very different from being an employee of some corporation who normally works in country X but is briefly visiting the USA (regardless of whether the corporation is headquartered in the USA).
– David Richerby
Mar 26 at 13:38
2
2
@potorr That said, IANAL, and sometimes the foreign-employee-wearing-a-"company"-umbrella scheme doesn't always play out with authorities. Depending on the circumstances and the type of work you do you may still be considered an employee due to the specifics of your relationship, even if you have put a company hat on yourself. I'm not sure what the specific rules are in the US regarding this.
– J...
Mar 26 at 14:19
@potorr That said, IANAL, and sometimes the foreign-employee-wearing-a-"company"-umbrella scheme doesn't always play out with authorities. Depending on the circumstances and the type of work you do you may still be considered an employee due to the specifics of your relationship, even if you have put a company hat on yourself. I'm not sure what the specific rules are in the US regarding this.
– J...
Mar 26 at 14:19
2
2
I was in exactly the same situation as the OP for about 10 years. I owned my own company and had a customer in the USA, who I visited occasionally, typically for between 1 and 4 weeks at a time, paid for by the US company and I had a B1 visa to do so. As already noted, avoid mention of 'working' in the US - you're 'doing business', 'attending meetings', 'negotiating contracts', etc ... My first trip was viewed with some suspicion by the visa officer (and i was only granted a short-term visa for the exact dates I had requested), but following visas were issued for 2 years, followed by 10 years.
– brhans
Mar 26 at 18:47
I was in exactly the same situation as the OP for about 10 years. I owned my own company and had a customer in the USA, who I visited occasionally, typically for between 1 and 4 weeks at a time, paid for by the US company and I had a B1 visa to do so. As already noted, avoid mention of 'working' in the US - you're 'doing business', 'attending meetings', 'negotiating contracts', etc ... My first trip was viewed with some suspicion by the visa officer (and i was only granted a short-term visa for the exact dates I had requested), but following visas were issued for 2 years, followed by 10 years.
– brhans
Mar 26 at 18:47
 |Â
show 10 more comments
Sign up or log in
StackExchange.ready(function ()
StackExchange.helpers.onClickDraftSave('#login-link');
);
Sign up using Google
Sign up using Facebook
Sign up using Email and Password
Post as a guest
StackExchange.ready(
function ()
StackExchange.openid.initPostLogin('.new-post-login', 'https%3a%2f%2ftravel.stackexchange.com%2fquestions%2f111865%2fwhich-visa-for-a-remote-freelancer-with-a-us-client-traveling-to-the-united-stat%23new-answer', 'question_page');
);
Post as a guest
Sign up or log in
StackExchange.ready(function ()
StackExchange.helpers.onClickDraftSave('#login-link');
);
Sign up using Google
Sign up using Facebook
Sign up using Email and Password
Post as a guest
Sign up or log in
StackExchange.ready(function ()
StackExchange.helpers.onClickDraftSave('#login-link');
);
Sign up using Google
Sign up using Facebook
Sign up using Email and Password
Post as a guest
Sign up or log in
StackExchange.ready(function ()
StackExchange.helpers.onClickDraftSave('#login-link');
);
Sign up using Google
Sign up using Facebook
Sign up using Email and Password
Sign up using Google
Sign up using Facebook
Sign up using Email and Password
Clash Royale CLAN TAG
Are you employed directly by the US client (ie: did you have to fill out a W-8BEN form?), or do you work for (and are being paid by) a company in your own country that has sold services to your US client? The details of your relationship with the client matter.
– J...
Mar 26 at 12:04
I should have mentioned, I'm self-employed. I work through a company of which I am the owner of.
– potorr
Mar 26 at 13:53