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

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

#1
Hello,

recently I've switched to freelance and got many interesting projects from US. The problem is all companies wants me to be there at least for regular face checks and coffee meetings.

I'm based on Europe and planning to move to US. Can I go there without a working visa and work like beeing in Europe?

I'll meet my clients out of office and we will sign regular freelance contracts as we did before.

Is this legal?

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

#2
> I'm based on Europe and planning to move to US. Can I go there without a working visa and work like beeing in Europe?

No, but there is plenty of encouragement for technically skilled foreign workers here. Getting a work visa should not be a difficult issue.

http://travel.state.gov/visa/temp/types/types_1271.html

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

#4
post #2

> I'm based on Europe and planning to move to US. Can I go there without a working visa and work like beeing in Europe? No, but there is plenty of encouragement for technically skilled foreign workers here. Getting a work visa should not be a difficult issue. http://travel.state.gov/visa/temp/types/types_1271.html

it says "Each of these visas requires the prospective employer to first file a petition with U.S. Citizenship and Immigration Services"

as freelancers have no employers this is not a solution for my case.

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

#5

You are based in Europe. You win a contract in the US. You fulfill that contract in Europe. You occasionally meet in the US concerning the contract. Perfectly legal.

That sounds very good.

"Fulfill that contract in Europe" means I can still sit in my apartment in US and do the work?

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

#6
You're fucked up, since you've written that you're "planning to move to US.", if you try to put foot there, you'll be rejected and flown back right away.

All you can do now, is the queue at the nearest US ambassy to try to get a green card. Without that, don't by a flight ticket to the US, it'll be lost money and time.

Speaking from personnal experience.

My advice: keep working remotely. Use Skype for meetings.

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

#7

You're fucked up, since you've written that you're "planning to move to US.", if you try to put foot there, you'll be rejected and flown back right away. All you can do now, is the queue at the nearest US ambassy to try to get a green card. Without that, don't by a flight ticket to the US, it'll be lost money and time. Speaking from personnal experience. My advice: keep working remotely. Use Skype for meetings.

Having no experience with US immigration on this matter I don't know how likely it is that they'll see it, but it's probably a very good idea for the OP to nuke this topic if they can.

Meetings are fine, but if it can be proven that you intend to work illegally (which AFAIK,IANAL anything more than meetings would be) you can potentially run into serious trouble.

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

#8
post #5

You are based in Europe. You win a contract in the US. You fulfill that contract in Europe. You occasionally meet in the US concerning the contract. Perfectly legal.

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) or a work authorization via a spouse who has the appropriate visa (L1, J1).

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

#10
post #4
post #2

> I'm based on Europe and planning to move to US. Can I go there without a working visa and work like beeing in Europe? No, but there is plenty of encouragement for technically skilled foreign workers here. Getting a work visa should not be a difficult issue. http://travel.state.gov/visa/temp/types/types_1271.html

it says "Each of these visas requires the prospective employer to first file a petition with U.S. Citizenship and Immigration Services" as freelancers have no employers this is not a solution for my case.

> it says "Each of these visas requires the prospective employer to first file a petition with U.S. Citizenship and Immigration Services"

That's correct -- you have to apply before arriving, and I think it's also true that you need to have a job lined up as well. But you can certainly work here.

> as freelancers have no employers this is not a solution for my case.

Even freelancers eventually settle on an employer.

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