Tourist Visa employment

[Dimeji & Shannon 6]

For someone applying for a tourist visa can the employment be self-employment?

[geowrian 22,337]

No.

 

Edit: Let me elaborate a little. If you, say, owned a business outside the US that doesn't do business within the US, then you're probably in the clear to do that fine while you visit. However, conducting any business within the US is not permitted - in which case you are effectively the employer and sole employee.

Edited February 16, 2017 by geowrian

[Dianalorena 1,153]

1 hour ago, Dimeji & Shannon said:

For someone applying for a tourist visa can the employment be self-employment?

 

A lot of people are self employed/ freelance.

The thing is, you still have to prove that you pay your taxes, that you have a steady income, etc. I've done so before and it wasn't an issue. 

I don't know why Geowrian said no, it's case to case and it might be a little harder to prove, but if that was the case, anyone that didn't work for a company wouldn't be able to get a VISA and that's silly.

sure, it depends on the type of self employment and that the rest of the ties to your country are strong: owning a house/property, cars, family living in your country, etc. 

 

[Dimeji & Shannon 6]

2 minutes ago, Dilorena said:

 

A lot of people are self employed/ freelance.

The thing is, you still have to prove that you pay your taxes, that you have a steady income, etc. I've done so before and it wasn't an issue. 

I don't know why Geowrian said no, it's case to case and it might be a little harder to prove, but if that was the case, anyone that didn't work for a company wouldn't be able to get a VISA and that's silly.

sure, it depends on the type of self employment and that the rest of the ties to your country are strong: owning a house/property, cars, family living in your country, etc. 

 

Thank you for that information 

[geowrian 22,337]

7 minutes ago, Dilorena said:

I don't know why Geowrian said no, it's case to case and it might be a little harder to prove, but if that was the case, anyone that didn't work for a company wouldn't be able to get a VISA and that's silly.

sure, it depends on the type of self employment and that the rest of the ties to your country are strong: owning a house/property, cars, family living in your country, etc. 

 

A tourist visa does not permit performing work within the US. As noted in my edit, if you are doing self-employment outside the US and visit, you should be fine. However, engaging in "productive labor" while within the US is explicitly prohibited even on a B-1. A tourist visa does not permit, say, selling your goods or services within the US. I'm not sure which circumstance the OP meant by self employment.

 

For reference:

http://www.keamytavares.com/u-s-visas-self-employment-for-foreign-nationals/

Edited February 16, 2017 by geowrian

[MacUK 983]

Needs more information.

Are you talking about engaging in self employed work while in the US? Or getting a tourist visa if you're self employed in your own country?

[Dianalorena 1,153]

Just now, geowrian said:

A tourist visa does not permit performing work within the US. As noted in my edit, if you are doing self-employment outside the US and visit, you should be fine. However, engaging in "productive labor" while within the US is explicitly prohibited even on a B-1. A tourist visa does not permit, say, selling your goods or services within the US. I'm not sure which circumstance the OP meant by self employment.

that's correct, working in the U.S on a tourist VISA isn't permitted.  But I think he means that if being self employed is ok to apply for a VISA, which it is. But reminding someone that they shouldn't work there even if they're self employed is not a bad idea. Although this part has always confused me, because what if you have to take care of your business while on the U.S? You'd be technically working, but not getting paid in the U.S, which is what they want to avoid. 

 

[KurosawaSan 52]

Any kind of employment while on a tourist visa in the US is considered a violation of your visa conditions.

 

If you are asking for the visa application, then yes - it is fine. A lot of people who apply are self-employed. That said, you need solid evidence that you are not an immigration risk and will come back on time. The burden of proof on that is on you, so if, for example, you are free-lancing, are not married, and renting an apartment, that might look bad (you have no strong ties).

Edited February 16, 2017 by KurosawaSan

[geowrian 22,337]

5 minutes ago, Dilorena said:

that's correct, working in the U.S on a tourist VISA isn't permitted.  But I think he means that if being self employed is ok to apply for a VISA, which it is. But reminding someone that they shouldn't work there even if they're self employed is not a bad idea. Although this part has always confused me, because what if you have to take care of your business while on the U.S? You'd be technically working, but not getting paid in the U.S, which is what they want to avoid. 

 

Agreed. I read it as asking if performing self-employment activities was permitted. Being self employed is not an issue...just more paperwork to show your financials.

 

That's where it's a bit of a gray area and is often debated here. Doing something like answering calls for work should be fine. Selling your thingamajig to a US company is clearly not. The line is much more fine in that case.

Edited February 16, 2017 by geowrian

[Dimeji & Shannon 6]

4 minutes ago, MacUK said:

Needs more information.

Are you talking about engaging in self employed work while in the US? Or getting a tourist visa if you're self employed in your own country?

I'm talking about self employment in the country of origin. I had already read that you cannot work while here on a tourist visa. I'm sorry for not being clear in my question 

[Dianalorena 1,153]

Just now, geowrian said:

Agreed. I read it as asking if performing self-employment activities was permitted. Being self employed is not an issue...just more paperwork to show your financials.

 

That's where it's a bit of a gray area and is often debated here. Doing something like answering calls for work should be fine. Selling your thingamajig to a company is clearly not. The line is much more fine in that case.

 

You're right. I guess taking care of some basic aspects of your business overseas is one thing, but actually doing business inside the U.S, clearly isn't. 

It's good to always have more paperwork and evidence for everything, just in case. 

[geowrian 22,337]

1 minute ago, Dimeji & Shannon said:

I'm talking about self employment in the country of origin. I had already read that you cannot work while here on a tourist visa. I'm sorry for not being clear in my question 

You're fine then. Just show evidence of your ties to return home. Good luck!

[Auds 223]

Of course if you are on holiday and continuing work for your overseas office like replying to emails etc its fine. I am just doing that!

[observatorka 197]

A tourist visa is for tourism, that's it.
Anybody can apply for a tourist visa, even an unemployed person. 

[Dianalorena 1,153]

16 hours ago, KurosawaSan said:

Any kind of employment while on a tourist visa in the US is considered a violation of your visa conditions.

 

If you are asking for the visa application, then yes - it is fine. A lot of people who apply are self-employed. That said, you need solid evidence that you are not an immigration risk and will come back on time. The burden of proof on that is on you, so if, for example, you are free-lancing, are not married, and renting an apartment, that might look bad (you have no strong ties).

this has always bothered me, since at least in Mexico, buying property with what they pay is nearly impossible. Everyone I know rents instead, or actually lives with their parents. Or just the fact you love traveling and even if you make decent money, don't want to be in one place, or don't feel like getting married, etc. I get it, but it seems like it excludes different lifestyles, if you're not a 9 to 5, married, house owning individual by choice. 

That explains why I'll never have a new tourist VISA