Digital Nomad and Remote Work Visa for the United States?

A digital nomad according to modern living

Although the term “digital nomad” has existed for some time, it was not until the Covid-19 pandemic that it gained popularity due to the increased availability of remote work. Although IT professionals were previously the primary group to benefit, more countries are now offering opportunities for remote workers. A growing number of states worldwide have created programs designed for individuals who wish to work while traveling, enabling them to work remotely at the same time.

Although a specific digital nomad visa is not currently available in the US, foreign citizens can still obtain other types of visas and residence permits that allow them to live and work for international employers, or as freelancers without obstacles.

Our immigration law firm in the USA can assist you in relocating here if you are fascinated by the nomadic lifestyle and seek a secure source of income while living in the United States.

We offer several immigration solutions, with our attorneys ready to assist you. One popular option is obtaining a spousal visa for the US, which has no limit to the number of applications accepted by USCIS. Don’t hesitate to get in touch with us and learn more about this visa process.

Can I live and work remotely in the United States?

Living and working remotely in the United States is possible, but there isn’t a specific visa category for it. This creates a gray area for many digital nomads and remote workers who want to live in the US. What’s the solution then?

Types of visas for digital nomads in the United States

In the USA, there exist various kinds of visas that can serve as a digital nomad visa. These include:

– the H visa, which is divided into 3 sub-categories and addresses people with a college degree;
– the I visa, which is available for people working in the press and media sectors;
– the O visa, which is available for talented people who excel in various fields and are recognized as highly skilled migrants.

In addition to these, there are visas for investors available. However, they involve a substantial financial investment in the economy and consequently require stricter criteria. Our immigration lawyers can additionally assist with relocating through investment. If you are considering a US investor visa, there is a comprehensive screening process and application that must be completed. Please don’t hesitate to contact us for assistance with your investment visa application.

Our immigration lawyer in Miami can assist you in applying for one of the residency permits mentioned above if you wish to acquire a digital nomad visa in the United States. Similarly, if you require any other visa, such as a US spousal visa, our team of attorneys can offer you dedicated legal guidance.

In addition to other visa options, we offer assistance with applying for the Green Card in the United States. By meeting certain criteria, such as being highly qualified for a specific job, you have the opportunity to directly obtain this card, which offers significant benefits for relocating. It should be noted that initially, this status is referred to as “conditional permanent residency.”

What is the best visa for digital nomads and remote workers in the United States?

For those who aspire to reside and “work” in the US, particularly as remote workers and digital nomads, the B-1 visa is deemed the most suitable visa category. Please note, not all immigration lawyers endorse this view, and providing formal legal advice on this matter may not be within their comfort zone. We can delve into the reasons for this later.

At present, allow me to elucidate the reasons behind considering the B-1 Business visa as a reliable (short-term) immigration alternative.

B-1 Visa for Remote Workers and Digital Nomads?

The B-1 visa for business purposes has a temporary nature. Its official name, B-1 Temporary Business Visitor, serves as a clear indication from USCIS that this visa type is not intended to be permanent (hence, the terms “temporary” and “visitor”).

Despite this, there are a few business undertakings that are allowed in the United States, and one of them is meeting with business partners. However, it must be emphasized that the B-1 business visa does not authorize you to work in the United States. You do not receive legal permission to work.

It really depends on who you ask whether working remotely requires this.

What are the eligibility requirements for remote workers and digital nomads in the United States?

To employ the B-1 visa as a means for remote work in the United States, it is essential to prove the following:

Business Purposes. The purpose of your trip is to enter the United States for business. This can be demonstrated through a variety of supporting documents, including a detailed letter of intent. Most importantly, you should demonstrate how this work is tied to your visit.
Temporary Stay. It is necessary to demonstrate your intent to remain in the United States for a limited period of time. This should be specific, and include supporting documents such as round-trip flight tickets.
Sufficient Funds. You will need to demonstrate that you have sufficient funds to cover the expenses of the business-oriented trip and your stay in the United States. This can include bank statements as supporting documents.
Foreign Residence. Proof that you have a residence outside the United States is necessary to meet these elements of “dual-intent”. In addition, it is also smart to demonstrate that you have other binding ties that will ensure your return abroad at the end of the visit (i.e. gainful employment, family, etc.).

Important Considerations and Limitations for the B-1 Visa

Understanding the limitations of your B-1 visa is crucial, as is being able to provide a clear explanation of your circumstances if questioned, such as by an immigration officer in a hypothetical scenario.

Having worked as an immigration lawyer for more than ten years, I understand that the most stressful situation for a foreign national arriving in the United States is crossing the border. There is always uncertainty about the questions a customs official may ask, and you can never predict their mood. It’s important to remember that customs officials are human beings who have feelings, although this may be surprising to some.

Here’s an overview of some of the top inquiries related to the B-1 Business Visa, including its legal foundations and common language explanations.

Is it possible for me to work in the United States while on a B-1 visa?

No is the straightforward answer to this query. Despite this, the formal language specifies that the B-1 visa allows you to engage in business-related activities in the United States that are commercial or professional in nature. However, as previously stated, the B-1 visa does not provide you with legal authorization to work.

Basically, if you’re a digital nomad looking to enter the United States, you cannot inform immigration officials that you plan to reside and work remotely. This is due to the connotation of “live,” which suggests a permanent arrangement, despite the fact that this visa is only valid for a limited time. Instead, embrace your nomadic lifestyle.

Is it possible to be employed by a U.S. employer with a B-1 visa?

Under no circumstances can you obtain employment or receive payment from a U.S employer while on a B-1 visa, as it does not allow for work authorization.

It is possible for you to carry out specific tasks independently for U.S. employers and businesses if the arrangement is appropriately organized. Additionally, it is permissible for you to engage in business discussions and conduct a range of business-related tasks during your stay in the United States.

What is the duration of my stay in the U.S. as a digital nomad or remote worker?

When you cross the border with a B-1 visa, the customs officer will ask you questions about the reason for your stay and determine a duration accordingly. In essence, this query will be addressed during the customs clearance process.

Although numerous factors are taken into consideration, individuals possessing a B-1 visa are usually able to “petition” for a stay of up to one year, while alternative durations generally range from 3 to 6 months.

What is the duration of validity of a B-1 visa?

The length of time that a B-1 visa is valid for is determined by the individual’s country of origin. Each country has a reciprocity agreement with the United States, outlining the length of validity for visas based on nationality.

A 10-year multiple entry B-1 visa is the maximum eligibility for Indian nationals, while Nigerian nationals are limited to a 2-year validity period. Additionally, it is important to take into account the number of entries allowed.

Can I open a bank account in the USA as a digital nomad or remote worker?

Indeed, in most cases, physical presence within the United States is a requirement for initiating a U.S. bank account, along with the provision of specific tax identification papers, such as an ITIN or EIN for a U.S. establishment.

The H visa for digital nomads in the US

The majority of countries that offer digital nomad visa programs typically grant visas for a specific duration, making the H visa the one that bears the closest resemblance to these initiatives. The H visa has three subcategories:

the H-1 visa which is available for people with a college degree or who have work experience in various fields (this type of visa is issued for 3 years);
the H-2A visa is issued to seasonal and temporary workers in agriculture and is available for a maximum of one year;
the H-2B visa which is available for non-agricultural activities and is also issued for a maximum period of one year;
the H-3 visa is available for people interested in training activities (there are a few fields for which such a visa is not available).

To obtain an H-3 visa, applicants must meet requirements such as holding college degrees relevant to their intended employment field. Employers must demonstrate a shortage of domestic talent before sponsoring foreign workers. Eligibility is restricted for individuals in healthcare or requiring specialized education.

Our immigration lawyers in Miami specialize in helping those who wish to apply for a visa as a digital nomad and relocate to the USA.

How many foreigners live in the United States?

Foreign citizens show a high level of interest in immigrating to the USA, which is evidenced by the impressive number of foreigners who have established themselves here in recent years. As per the data provided by Migrationpolicy.org, there were approximately 44.9 million immigrants living in the USA in 2019. Additionally:

the same year, the immigrant population represented 13.7% of the country’s total population;
between 2018 and 2019, 204,000 foreign citizens migrated to the US, representing an increase of 0.5%;
Mexicans represent the most numerous expat community in the US – 24% of the immigrants are of Mexican descent.