Working Holiday Type Visa

[Straya 37]

Hi there

 

I've looked around but not really able to find the information I'm looking for. I have a couple of questions, hopefully someone can point me in the right direction. If not I will seek out a lawyer who specialises in US visas.

 

I'm wanting to live in the US for 6 months while working remotely for my company in Australia. So I will be earning AUD from an Australian based company into my Australian bank account that has no US presence. I am guessing I'd need to apply for a B2 6 month tourist visa. 

 

I'm wondering whether it is legal for me to work remotely while in the US for 6 months and if so, is the B2 the visa for me to apply for?

 

I've also looked into the E3 visa, however as my company doesn't have a US presence I believe thats not an option as a US company would need to sponsor me. 

 

If it's not possible on a B2, is there another visa that allows a "temporary working holiday" like what we have in Australia?

 

Thanks for the help in advance. 

[bakphx1 789]

Yes you can work remotely for your home country. 

[Straya 37]

46 minutes ago, bakphx1@aol.com said:

Yes you can work remotely for your home country. 

Thanks. Do you have a link to the information on an authority website where I can read more about it? 

[bakphx1 789]

37 minutes ago, Straya said:

Thanks. Do you have a link to the information on an authority website where I can read more about it? 

There aren't laws speaking specifically to working remotely, but the issue is accepting work in the US, having a US employer, etc.  If you were to meet with clients, a B1 would be more appropriate, but if you are coming strictly for pleasure and also spending time on you home country's work, it isn't a conflict. 

 

Here is more discussion and experiences.  It looks like you need to be clear on the point of doing no US based work. 

 

https://travel.stackexchange.com/questions/12771/can-i-travel-to-the-usa-while-working-remotely-for-my-non-us-employer?rq=1

[Straya 37]

Thanks, so a B2 would be the right visa then. 

 

Thanks for your help!

[Mollie09 1,543]

This is a grey area and I wouldn't risk it. You are not allowed to work on a B2, that doesn't apply specifically to working for US companies only. B2 is for tourism, vacation, not work.

The US doesn't have a "working holiday" visa like a lot of other countries do, and you're unlikely to get an approved B2 from a VWP country, especially if the purpose of your visit is to "live in the US", even though you'll be working for an Australian company. Keep in mind that a B2 refusal causes you to lose your ESTA privileges.

[bakphx1 789]

47 minutes ago, Mollie09 said:

This is a grey area and I wouldn't risk it. You are not allowed to work on a B2, that doesn't apply specifically to working for US companies only. B2 is for tourism, vacation, not work.

The US doesn't have a "working holiday" visa like a lot of other countries do, and you're unlikely to get an approved B2 from a VWP country, especially if the purpose of your visit is to "live in the US", even though you'll be working for an Australian company. Keep in mind that a B2 refusal causes you to lose your ESTA privileges.

The USCIS language specifically discusses accepting employment in the US and the employer having to check for authorization to work in the US, not whether you spend all your time engaged on tourism vs. doing something else. People traveling internationally often tend to their jobs while on vacation. No crossover limit is defined (x number of hours means that you are now working in the US). 

 

The real issue is the reason for the travel. If it's to see clients in the US, then you are engaged in your country's business. If the travel is to be in the US for non business reasons and it will be independent of the travel purpose, then there's no relationship. 

 

Whether the employer is in the US and if the work would otherwise be done in the US by a USC is the test.