10 Prohibited Activities Under a B1 Visa, B2 Visa or ESTA (Visa Waiver Program) |

Описание: 10 Prohibited Activities Under a B1 Visa, B2 Visa or ESTA (Visa Waiver Program)

Engaging in these activities can lead to denial of entry, removal, visa revocation, and/or future ineligibility for U.S. visas.

Number 5 is the trickiest. So, wait for it.

1. Engaging in Productive Work or Employment

Performing skilled or unskilled labor, hands-on work, or any activity that benefits a U.S.-based company and could be performed by a U.S. worker is prohibited.

This includes working as a consultant, freelancer, contractor, or employee for a U.S. client, for example, even if you’re paid by a foreign entity.

2. Receiving Salary or Remuneration from a U.S. Source

Receipt of wages, salary, or direct payment from a U.S. entity for services performed in the U.S. is prohibited, except for reimbursement of incidental expenses (such as travel or lodging) or limited academic honoraria under strict conditions.

3. Managing Daily Business Operations

Acting as a CEO, manager, or employee overseeing daily operations, hiring/firing staff, or performing managerial tasks for a U.S. business, is prohibited.

While B1 visa holders may engage in limited business activities, such as attending meetings, negotiating contracts or conducting market research), hands-on management crosses into unauthorized work, which is why founders or executives typically require visas like the E-2 or O-1A.

4. Building or Construction Work

Performing hands-on construction or building work, even if required by a foreign contract, is prohibited.

5. Remote Work for Foreign Employers

In general, performing remote work for a foreign employer while physically in the United States is considered unauthorized and therefore prohibited, as it may be interpreted as productive work.

Unfortunately, the legality of remote work for a foreign employer while in the U.S. on a B1/B2 or ESTA is a bit gray and confusing, and I've seen this cause big problems for some good people.

So remember this: CBP may interpret your remote work for a foreign employer as unauthorized if it resembles productive work performed on U.S. soil.

For example, a digital nomad working full-time for a foreign employer while in the U.S. risks scrutiny, especially if the stay is prolonged or frequent.

And CBP officers have discretion to deny entry if they suspect intent to work.

It's true that some individuals engage in remote work for a foreign employer without issue -- that is, they get away with it -- but you're taking a big risk doing it yourself and would be well advised to get a proper work or investor visa, such as an O-1 or E-2, instead.

6. Performing Paid Services for U.S. Clients

Freelancers, consultants, or contractors cannot perform services for U.S.-based clients, even if payment is processed abroad.

The focus is on the location of the work performed, not the payment source.

7. Participating in Hands-On Internships or Training

Engaging in unpaid internships or training programs that involve practical, hands-on work is not permitted.

8. Conducting Personal Business for Profit

Engaging in personal business activities for profit (such as selling goods, running a side hustle, or assisting in a family business in the United States) is not permitted.

9. Professional Performances by Entertainers

Professional entertainers cannot perform in the U.S., even if unpaid, unless they qualify as amateurs receiving only incidental expenses.

Paid or unpaid professional performances require visas like the O-1 or P-1, and CBP has increased scrutiny for social media influencers because their activities (such as creating sponsored content) may be deemed work.

10. Studying or Enrolling in Academic Programs

Enrolling in a school, university, or academic study program for credit requires an F-1 visa.

I’m Joseph Bovino, U.S. immigration and business attorney based in Miami and serving clients worldwide.

Use the link below if you’d like to schedule a consultation:

https://bovinolawgroup.setmore.com

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