B2 rules for self-employed freelancers

[tintinduffy 0]

Since 2010, my girlfriend from Germany has visited the US a few times under the VWP. She never stayed longer than 3 months and was in Germany more of the year than in the US. She was recently issued a B1/B2 visa (exp 2023) and she has used it twice to enter the US.

On this most recent trip, (we arrived a couple of weeks ago), she was interrogated for more than 2 hours. Most of the questions were surrounding suspicions that she was selling her work in the US. She is a self-employed freelance designer/illustrator. She has a German agent and does most of her work for European clients such as ad agencies and magazines. But the agents did not seem to believe (or maybe understand?) this and made her feel like a criminal despite her complete honesty and sincere intent to follow the rules. This, of course, made her very nervous and upset, and perhaps that heightened their suspicions.

Eventually she was released for her current 4-month stay with a B2 designation on the stamp, but we are very worried about future visits. She left the border more confused than ever about what is allowed under her visa. So we have a couple of questions about the B2 visa that hopefully those with freelance experience can clarify:

1. Are you allowed to work for clients based in other countries while in the US?

2. Are you allowed to work for US clients or sell products to US customers while in your home country if you intend to enter the US in the future?

(This was one of the points of contention with the agents because many years ago, while still in Germany, she sold a couple of art prints using a site like Etsy that is based in the US.)

Thank you so much for your insight!

Edited January 11, 2014 by tintinduffy

[ricnally 259]

1. no

2. technically no, but it's done all the time.

[tintinduffy 0]

I edited my first question because it was a little ambiguous. What I mean to ask is can she continue to work for her clients based in Germany while she is here in the US with her visa?

[Jawaree 718]

^{Yes she can work in the privacy of your home for overseas clients ONLY}

^{From Germany she can sell work to US clients thru proper channels, but cannot do it there}

^{she is not allow to earn an income while there.}

Edited January 11, 2014 by Jawaree