United States — Residency: Digital Nomad Visa

Key facts

• The State Department says a visitor visa holder is not permitted to accept employment or work in the United States.
• By statute B-1 and B-2 visitors are precluded from performing skilled or unskilled labor in the United States.
• Permitted B-1 activities are narrow, such as securing funding or office space, negotiating a contract or attending certain business meetings; running an established US entity is prohibited.
• For most temporary work an employer must file a nonimmigrant petition with USCIS; only a few classifications such as E-1, E-2, E-3 and TN allow work without an employer petition first.
• No official source reviewed describes a US digital nomad visa.

Steps

1. Research Relevant Visa Options — Understand the requirements and eligibility criteria for various US work visas, such as the H1B, L1, O-1A, E-3, B-1, or F-1, to determine which may be suitable for remote work arrangements.
2. Prepare Supporting Documents — Gather required documentation, such as proof of employment, contracts, and business plans, to demonstrate eligibility for chosen visa category.
3. Consult with Immigration Attorney — Engage with an experienced immigration attorney to help navigate the complex application process and ensure compliance with US immigration regulations.

Common mistakes

• Working remotely while on a visitor visa: the State Department treats employment as outside the purpose of a B visa.