Remote work is an option that many companies use so they can acquire the talent they want from across the world. While remote work has blurred geographic boundaries, immigration law hasn’t changed. Foreign nationals often believe that working remotely for a United States company will create a path to receiving a visa; however, that’s not necessarily the case.
U.S. immigration law is heavily focused on where the worker is located while they work, instead of focusing on where the job base is located. Typically, a foreign national who works for a U.S. company but doesn’t live in the U.S. won’t need to have a U.S. work visa. This arrangement doesn’t grant the worker any rights to enter this country or work inside this country.
Can the worker relocate to the U.S.?
There are times when an overseas remote worker may need to relocate to the U.S., but that possibility isn’t guaranteed because being on a U.S. company’s payroll doesn’t satisfy the criteria for a work visa. In order for the employer to bring the employee to the U.S., they must be able to demonstrate that the employee meets statutory standards and that the position itself meet requirements for visa issuance.
What are the challenges of remote work and visas?
One of the most challenging things for a foreign national doing remote work is to remember that they can face legal challenges if they do that work on U.S. soil if they’re here on a visitor visa instead of an employment visa. Immigration authorities consider whether activities done in this country meet the definitions applicable to a visitor visa, which means they will look for someone who’s performing unauthorized employment activities without the proper visa.
Understanding visas in the U.S. is critical for remote workers. Whether they’re coming here to visit and plan to work while they’re in the country or want to come here to live and work, learning how visas work can help them avoid missteps. This might be easier if they have someone on their side who’s familiar with these matters.