Ask HN: Can a freelancer 'work' in US without a visa?

Post by csbartus » Mon, Aug 19, 2013, 4:27 PM UTC

jvvlimme wrote: post #20

I've been researching similar options myself: You might look into E-1 or E-2 type of visa (in your case I guess it would be E-2) which is by far the easiest way to work in the US but also the most restrictive as it is a non-imigration type of visa. It requires a substantial investment (always check with an immigration lawyer for advice) to start a business. It is restrictive in the sense that if you go out of busines…

None of these apply to me: no $1m to start a business in US nor a company to open a subsidiary in US.

I'll have to go the visa/green card lottery way I think ...

As a summary I see I'll need a visa in any case. And that visa is very hard to get without bothering my clients with sponsorship & help.

Post by petervandijck » Mon, Aug 19, 2013, 9:47 PM UTC

teahat wrote: post #8

csbartus wrote: post #5

Earlier quoted context omitted.

That sounds very good. "Fulfill that contract in Europe" means I can still sit in my apartment in US and do the work?

Sorry, but no. The conditions of your entry to the US will state pretty clearly whether or not you can work. If you're on a tourist visa, you can't work, if you're on a business visa, you can have meetings and similar, but you can't work. If you're on VWP you can't work. Freelancing is work, however you slice it. The ways for a non-US citizen to be able to work in the US are to either have a work visa (L, H, E etc) o…

Not legally, that is.

How the immigration service will know that you are working in your apartment in the US is another question altogether. You're not allowed to, but you don't really have to tell anyone either. It's a grey zone: business trips are fine, "working" isn't. When you go in the country, say you are there for meetings, no more. Never say "work" (ever).

Here's what can happen: MANY people go to the US on a tourist visa, and then work there. Mostly they work as waiters and such, and it's not really a big deal. You can easily rent an apartment, even buy a house, and not have a working permit. The US is friendly to immigrants.

However, you don't get rights. You can't easily leave the country and be expected to be let back in. You are now "illegaly" in the country and it's not a great long-term situation.

Another option is to get a 6-month tourist visa, stay for 6 months (and work), and then leave.

Re: Ask HN: Can a freelancer 'work' in US without a visa?

Re: Ask HN: Can a freelancer 'work' in US without a visa?