Cyufjy

I would like to travel in the USA for a period of 3 - 6 months. But I want to spend some time working for my employer (remote work) and getting paid by the employer. Is this possible under a tourist visa (B1/B2)?

I hope this is OK since I will not be getting paid by a US employer. I am in the IT trade so all that I will be needing is my own laptop and a connection to the internet. The money I earn would actually help me pay for the expenses I get during the holiday.

Since so many people liked the comment I thought I'd turn it into an answer.

What you are describing is done all the time by the US and non-US employees on their vacations/holidays. Technically while you are doing work in while being on US soil you are not working in the US since you're not being employed by a US employer and your travel to the US is not employment related, so apply for a tourist visa and you should be fine.

To be more specific I found several sites explaining the differences between B1/B2 and H visas in more laymen's terms, so you can try to read up on that to make your determination:

• Workpermit


• Wikipedia

And last but not least

• State Department

My visa was immediately rejected when I mentioned that I was planning to work for a German company while in the States, with the reasoning that I was planning to work there.

As you can read in this article, the US tax law states that every income from abroad of more than 3000 $ per year counts as a US income (which means that taxes need to be paid in the US). With a B1/B2 visa, you are not allowed to have a US income. Now, this seems to be an ongoing debate among lawyers, and some argue that the tax law is independent from the immigration law. But in the end, the law does not count, but the personal choice of the immigration officer does.

I would thus recommed to not mention such a job in the visa interview, or try to suspend the job during the stay in the US.

I was denied a visa by telling I may work remotely while on US, now I realize that I may have phrased this in a way that was too open the first time.

Second time I clarified on the application that I worked from home as a freelancer for companies of my country and that these companies only employ local freelancers, and it was approved.
I guess that was because of the fact that my work, despite of being done remotely, do not have any chance of taking work away from US workers.

Internet makes borders blurry, so you have to make sure you phrase your case correctly, not only on your visa application and interview but also at the point of entry if the officer asks questions about your work, a lot depends on the mood of the officer as well

I was denied re-entry into the USA as a Canadian due to mentioning that I had been working as an independent contractor. My Fiance lived in the USA and I am barred from entering/ applying for visa for 6 months. Also, I have to present US income tax proof * and * canadian income tax proof. The officer treated me like a criminal and I was escorted out of the border security office while missing my flight.

SO, if you can avoid it, never give them any information at all.

The intent of the law is to preserve U.S. work for U.S. workers. Everything else is fuzzy.

From the USCIS web site: "Employment — Any service or labor performed by an employee for an employer within the United States, but not including casual domestic employment or duties performed by nonimmigrant crewmen (D-1 or D-2)."

You can't be employed on a "B" visa. As an attorney I could argue that "within the United States" applies to the employer, but if I was prosecution and someone cared enough to push it, the phrase could apply to the physical location of the employee and be grounds for removal from the United States.

So look at the intent. Can anything I might do take work away from legal U.S. workers?

As for user16885, I suspect that you said something in the interview that indicated you would be doing "employment". If you have a transcript (which you don't, because there is no appeal from a State Department decision on things like this) I could probably pick it out.

As somone already pointed out, there is no need to even mention that you will be working remotely for your foreign employer to US customs because in some ways it is irrelevant, on the other hand, you might find it challenging to explain how its possible for you to vacation for such a long period of time, and who vacations for such a long period anyway? That's when it might work against you.

3 - 6 months of vacationing can be interpreted as an intent to immigrate. You need to provide the immigration officer with a clear view of you intentions during your stay in US soil. What will you be doing for so long? Where will you stay? Do you have any friends or relatives in the USA? Are they legal? Will you attend any educational institution?

Tourist visas do not allow you to work as employed in the issuing country. But, they do not prohibit you from doing your 'home' work while on vacation.

So anyone from anywhere who is working on their laptop or smartphone while on short or long vacation is not under any penalty.

You can do your work/ personal stuff there, as long as your employment i.e. employer-employee relationship has no direct legal, financial bindings with the destination country of tourism.

PS: For all technical purposes, you are not going to work in the US, even if you are remotely working for your German employer. It is stupid for you to mention that. Why?

What is your intended relationship with US/ US Consulate/ US Visa - as a tourist.. right..?

Whether you go there and check your Germany work email or do some presentations remotely for your Germany company or take up a dance class for a few weekends, it is outside of the domain of your relationship with the US.