Tourist

[jaycali 415]

Was wondering if anyone would be able to shed some light on this question.

If someone works from home in their home country.. Meaning most of the work is done online. Can that person legally do this job while traveling on the VWP (or any other non-work related visa for that matter)? They'd be working, yes, but they're not working an American job, and thus technically not working in the US.

[X Factor 1,112]

That is a tricky one. I don't know definatively. I do have a friend who works exclusively online and came to the US (he is from the Philippines) for 3 months on a Business Visa (where you can't work) and kept on working online. Now he is in Japan for 3 months (visiting his sister) and continues to do his job online.

He continues to get his paycheck from the Philippines.

[jaycali 415]

That is a tricky one. I don't know definatively. I do have a friend who works exclusively online and came to the US (he is from the Philippines) for 3 months on a Business Visa (where you can't work) and kept on working online. Now he is in Japan for 3 months (visiting his sister) and continues to do his job online. He continues to get his paycheck from the Philippines.

Yep, that's exactly what I'm referring to.. You're doing work from the US, but not in the US. You're not stealing US jobs - An American wouldn't even be able to get that specific job without a visa.. I'm figuring, if your pay is from a different country, you tax in a different country, your work itself is in a different country.. I'd assume it's irrelevant in the eyes of the USCIS..

Yet, I can find zero information on it anywhere..

[NigeriaorBust 4,087]

You also must not be getting paid in the US.

[Dakine10 5,452]

Yet, I can find zero information on it anywhere..

The fact that you are getting paid by the foreign employer is not an issue. What could be at issue depends on what you are actually working on online and how much you are doing.

The purpose of the B2 is tourism/pleasure so although they seem to always issue the B1 and B2 together nowadays, they usually ask you the purpose of the trip at entry. You never want to misrepresent the purpose of your entry. If the work is incidental to tourism it's probably not an issue. If the primary purpose of the trip is not tourism, it is prudent to make sure that you are entering on the right type of visa.

Many types of business activities are covered by the B1, but some such as journalism/media require their own visa (the I visa), and are not allowed on the B.

[jaycali 415]

You also must not be getting paid in the US.

getting paid in the US, or getting paid by a foreign employer, while in the US?

[jaycali 415]

The fact that you are getting paid by the foreign employer is not an issue. What could be at issue depends on what you are actually working on online and how much you are doing. The purpose of the B2 is tourism/pleasure so although they seem to always issue the B1 and B2 together nowadays, they usually ask you the purpose of the trip at entry. You never want to misrepresent the purpose of your entry. If the work is incidental to tourism it's probably not an issue. If the primary purpose of the trip is not tourism, it is prudent to make sure that you are entering on the right type of visa. Many types of business activities are covered by the B1, but some such as journalism/media require their own visa (the I visa), and are not allowed on the B.

Yea, I'm not necessarily talking full time employment. But if you have a job working from home in your home country, and you decide to take a vacation in the US, you'd still be able to do some work while on your vacation.

Say you sit down in your hotel room/family's living room one night and spend three hours on your laptop, submit the work and go about your vacation for the next week or two.

Not talking a media/journalism job, that's something you'd specifically have to be in the US to do. I'm talking a job that is solely based in your home country, is usually done from home, but can be done from anywhere, as long as you have an internet connection.

Edited February 26, 2012 by jhsm85

[NigeriaorBust 4,087]

To come to the US and get paid in the US , even if your employer is outside the US you need a business visa not VWP or a visitors visa.

[jaycali 415]

To come to the US and get paid in the US , even if your employer is outside the US you need a business visa not VWP or a visitors visa.

The VWP does allow for visa-free business trips, but that's not what I'm going for.

Ok, I should probably clarify. I have a pending I-130 filed by my wife. I visited her on the VWP in September for 16 days, no issues.

Here in Norway, I work two jobs, one is a full time office job and one is a part time , 4 - 8 hours a week job where I used to be in an office but now, all work is done from home.

I log on using remote desktop, and the company's intranet. The job consists of proof reading and making some phone calls here and there. I have an IP phone, so I have a Norwegian phone number going with me anywhere in the world. This is I'm no way related to journalism or media, it's simply a Norwegian office job that can be done from a computer anywhere with an internet connection.

In May I'm planning a second visit to see my wife on the VWP. I'll be staying for two weeks, as that's the amount of time I got off my full time job. However, my supervisor at my part time job advised me that I could just do some work from my laptop and IP phone while I'm there. It's fine as long as I have internet and can meet deadlines.

I work on a Norwegian computer, through remote desktop, I get my pay direct deposit to my Norwegian bank account, I tax to Norway. They wouldn't even hire an American because an American would need a work permit to do the job.

So, even if I had a US work permit, it would be completely irrelevant. This is by no means a business visit. I'll be a tourist for two weeks, but may sign onto my work computer in Norway and make some calls for 4 - 8 hours during my two weeks to get some work done back in my country. Obviously, I would get paid for this, but whether I do it from the US, Fiji, Mars or my house in Norway is completely irrelevant to my employer. For all they care I could be logged onto a computer on the International Space Station as long as their deadlines are met.

For 13 days I'd be on vacation, for 4 - 8 hours one day, I'd be working my job back home.

My supervisor advised me that they have even had a couple of employees earlier who he been in the US as students, and have worked for them online 8 hours a week simply for the fact that it's not an American job, nor is it relevant to the US in any way shape or form. It just simply lets you be at work from a remote computer. But I'm not about to take legal advise from my supervisor lol.

So, That's why I'd assume it's irrelevant to the USCIS. But I'm in the CR-1 process, I'm slightly paranoid, and I am deathly afraid to do anything illegal.

Edited February 26, 2012 by jhsm85

[NigeriaorBust 4,087]

It seems that you will be collecting your pay when you get back home so you should be good.

[Boiler 46,007]

The straight answer is that no you can not.

Quite how they would know is another issue.

[jaycali 415]

It seems that you will be collecting your pay when you get back home so you should be good.

Not sure, it's direct deposit, so it just goes into my account at the end of a pay cycle. We'll see, if it's gray zone, I'll probably be better off just asking for some time off.

If it's illegal, I'll definitely ask for time off.

I still find it strange and can't quite understand how it would be an issue though, considering I'd be a genuine visitor and not engage in any unauthorized employment.

[jaycali 415]

Quite how they would know is another issue.

Haha. To a paranoid I-130 beneficiary like me, they know everything.

[jaycali 415]

Ok, I just consulted an immigration lawyer who said

"If it is not journalism, not a US employer, the pay is not US based, and no USC or LPR workers are displaced, I can see absolutely no reason why it would violate your visitor status."

Either way, I just got two weeks off for my May trip anyway, but thanks for all the answers!

[Boiler 46,007]

The first time I came to the States I was a pure visitor, the next few visits I was staying with my SO and with the benefit of hindsight I did all sorts of things the could be contentious.

You will see threads on here from people refused visa's who want to come to the US and look after the Grandchildren for 6 months, theoretically it makes no difference whether it is for a night or 6 months, in reality just do not push it and you will be OK.