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I currently work a 9-5 job in the UK but as I work remotely could do this job from anywhere, so my question is - am I allowed to travel to the US under the VWP and continue to do my current job, on my current salary, continuing to be paid into a UK bank account, with no intention to stay more than the maximum 90 days than the VWP permits? Or would I still need a work visa to do this? Thanks in advance

DJClayworth
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94smitha
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  • ESTA permits you to travel to the US under the VWP. It doesn’t permit you 90 days’ stay. Related question https://travel.stackexchange.com/questions/84813/emails-and-conference-calls-while-in-the-usa-under-esta-b-1-waiver?r=SearchResults – Traveller Apr 03 '20 at 11:41
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    Should read VWP instead of ESTA then - will edit.

    Am I correct in assuming that the VWP permits for 90 days though?

     – 94smitha Apr 03 '20 at 11:59
  • Entry up to a maximum of 90 days. Whether a VWP entrant is granted the full 90 days admission may depend on circumstances eg how often and for how long the individual has visited the US under the VWP https://travel.stackexchange.com/questions/66243/what-is-the-us-visa-waiver-program-and-what-is-an-esta – Traveller Apr 03 '20 at 12:09
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    The information on https://travel.stackexchange.com/questions/12771/can-i-travel-to-the-usa-while-working-remotely-for-my-non-us-employer may also be relevant. I realise that is for a visa applicant, rather than someone entering under VWP, but I understand the conditions to be highly similar. – origimbo Apr 03 '20 at 12:39
  • @Traveller All VWP admissions are supposed to be for 90 days unless constrained to a shorter period by the expiration of the passport, except for travelers re-entering the US from "foreign contiguous territory or adjacent island" during "the balance of his or her original...admission period." – phoog Apr 03 '20 at 15:01
  • @origimbo indeed, in terms of the conditions of the visit and allowable activities, VWP conditions are identical to B-1 or B-2 conditions. The relevant statute applies to someone "applying for admission...as a nonimmigrant visitor (described in section 1101(a)(15)(B) of this title) for a period not exceeding 90 days." Section 1101(a)(15)(B) is the section that governs B visas (in fact, that is why B visas are called B visas). – phoog Apr 03 '20 at 15:30
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    A key question is going to be - what is your reason for going to the US? Are you touristing and just doing some work occasionally? Or is your reason for visit connected to your work? – DJClayworth Apr 03 '20 at 15:35
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    Please don't put answers in fields labeled "comment" and vice versa. – WGroleau Apr 03 '20 at 16:28
  • @jcaron that is actually an acceptable answer. – CGCampbell Apr 03 '20 at 21:58
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    @jcaron Canada being an honourable exception, as we have noted before. – MadHatter Apr 04 '20 at 07:54
  • It's been quite a while since I looked into this, and unfortunately I don't have time to dig up references now, but as I recall, one of the criteria for determining whether you are "working" in the US is that you are paid from a US source. That said, border officers have wide discretion and if they get even a hint that you might be doing any sort of "work" while in the US, rather than just "business", they will spend a lot of time investigating exactly what your plans are and possibly send you back. I don't recommend going to the US to work remotely unless you have some other reason for going. – Michael Hampton Apr 04 '20 at 13:51
  • @DJClayworth the primary reason will be to tourist, but I want to go for an extended period of time to really 'experience' the US in a way that you can't on a week-long vacation. As I won't be able to get that much time off work, I would be in a position of having to work my usual job for at least a few weeks for it to be possible – 94smitha Apr 06 '20 at 07:00
  • @MichaelHampton I won't be being paid from a US source, nor taking a job from an American citizen, and the primary purpose for going wouldn't be for work, however, it being at the discretion of a border officer is what I expected and what concerns me. I may be best off contacting the embassy for a more definitive answer – 94smitha Apr 06 '20 at 07:03

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Not sure this really qualifies as an answer rather than just a comment, but here goes...

This question has been asked quite a few times for various countries, and it is generally considered a gray area which was not anticipated by lawmakers when immigration statutes were drawn up (as MadHatter points out, Canada is a notable exception).

In general, you are not allowed to work on a tourist visa. In addition, they could be entitled to tax you on that income (though in theory only if you are resident in the US, i.e. stay there over 6 months in a year, but the rules are complex).

Working a bit while you are on holiday or doing business is one thing. Working full time for 3 months while you are in the US is probably over the line.

jcaron
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  • Thanks, this definitely does count as an answer.

    My primary purpose of travel wouldn't be to work, and I would have a few weeks booked off work mixed in there but yes, there would be several weeks of 'full time' work necessitated by the amount of time my employer would permit me to have off. I wouldn't be being paid from a US source nor taking a job from a US citizen but as you said, it remains a grey area and I wouldn't want to take the chance of flying over to possibly get turned away at the border. So I think I may contact the embassy in hopes of a more definitive answer.

     – 94smitha Apr 06 '20 at 07:11