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I work for a US client remotely from home in India. My cousin who has a business in USA wants my help with his business and he has invited me to USA to stay with him for 6 months. He will not be paying me anything.
Can I get a B-2 (tourist visa) and still work remotely for my USA client while in USA?
Will there be any issues getting the B-2 visa?
Will I have to pay any taxes in US for the earnings I do from my employer while working remotely from USA?
Is there any other visa which will be more suitable for my situation?

Choudhary
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Will there be any issues getting the B-2 visa?

Yes, I expect you will have issues when applying for a visa for two reasons:

  1. You want to go to America to work for your cousin's business. Even though it's unpaid it still counts as work and therefore not allowed on a B1/B2 visa.
  2. Your only source of income is a remote job for a US employer, so the embassy could suspect you're planning to work in their office during your stay.

Therefore I'd recommend you change your plans or apply for a proper work visa, possibly sponsored by your cousin.

Can I get a B-2 (tourist visa) and still work remotely for my USA client while in USA?

Assuming you do get your visa and don't mention your job to the immigration employee at the airport, it's highly unlikely anyone will catch you in the act. But legally speaking you'll be in a gray zone, potentially violating US immigration laws.

Will I have to pay any taxes in US for the earnings I do from my employer while working remotely from USA?

Assuming you stay in the US for less than 6 months, you probably won't have to pay any taxes locally.

Is there any other visa which will be more suitable for my situation?

Yes, possibly the H-1B visa. For a full list of worker visas, see the Department of State website. You may ask a more detailed question on our sister Expats.SE website.

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JonathanReez
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    Your tax advice seems incorrect. Do you have any reference to support it? – phoog Nov 02 '16 at 17:10
  • @phoog Assuming OP does travel on a tourist visa it's highly unlikely the tax authorities would care and he certainly won't become a tax resident during that time. Same with working remotely - yes, it might violate some laws, but who's going to know? – JonathanReez Nov 02 '16 at 17:13
  • @JonathanReez Certainly when applying for a visa and probably again at the border, the asker will be asked how they plan to support themself in while in the US for six months. – David Richerby Nov 02 '16 at 20:21
  • @DavidRicherby certainly, which is why I suggest OP to think twice before applying. But if he gets a visa and if he keeps quiet about his job at the border no one would stop him. Working for his brother's business would be far riskier and 100% illegal as it probably involves on-site work. – JonathanReez Nov 02 '16 at 20:24
  • @JonathanReez working remotely for a US employer while in the US in B-2 status is also 100% illegal. – phoog Nov 03 '16 at 05:59
  • @phoog that may be, but it's nearly impossible to detect and therefore unenforceable – JonathanReez Nov 03 '16 at 08:12
  • But working without pay for the cousin's business would be still harder to detect. How would that be enforced? – phoog Nov 03 '16 at 13:31
  • @phoog I believe most undercover workers are detected through tip offs and therefore OP would risk being reported to the ICE by one of his cousin's colleagues or clients. – JonathanReez Nov 03 '16 at 13:33
  • Might this not depend on who is paying him? If he operates through a company registered in his own country, then the US client is not paying an employee, but paying an invoice. His company invoices the US company. Then his own non-US company pays him as an employee. That might be a different scene, especially for tax purposes. – Stewart Sep 27 '18 at 11:18
  • Hm, I somehow forgot to make the point that must have motivated my first comment: US income tax is payable on income from work that is performed in the US regardless of whether the worker is a US tax resident (subject to some conditions including a threshold of $3,000). Yes, it's likely not to be detected, and therefore not enforced, but legally speaking staying in the US for less than 6 months would not relieve someone from tax liability on income earned from work performed inside the US. – phoog Jul 25 '22 at 08:21