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Can I work remotely for a US company without a visa?

Published in Remote Work Visas 4 mins read

The answer to whether you can work remotely for a US company without a visa depends critically on your physical location while performing the work.

Working Remotely for a US Company While Physically Present in the United States

No, generally, you cannot legally live and work remotely in the United States for a US company without proper work authorization.

Legally, a foreign national cannot live and work remotely in the United States without work authorization. This applies even if your role is fully remote and you do not physically go to an office. Any work performed while you are physically present within US borders for a US-based employer is considered employment within the United States and requires appropriate authorization.

Understanding Work Authorization (EAD)

Work authorization, often known as an Employer Authorization Document (EAD), is typically linked to a specific visa or your legal status within the United States. This document grants you permission to accept employment in the U.S. Examples of statuses or visas that may allow for work authorization include:

  • Employment-Based Visas: Such as H-1B (Specialty Occupations), L-1 (Intracompany Transferee), O-1 (Extraordinary Ability), etc., which directly grant work authorization for a specific employer or type of work.
  • Green Card Holders (Lawful Permanent Residents): Individuals with a green card have permanent authorization to live and work in the U.S.
  • Certain Non-Immigrant Visas with EAD: Some non-immigrant statuses, like J-2 (spouse of J-1 exchange visitor), F-1 OPT/CPT (students undergoing Optional or Curricular Practical Training), or asylum seekers, may be eligible to apply for an EAD.
  • Dependents of Certain Visa Holders: Spouses of some visa categories (e.g., L-1 or E-visa holders) may also be eligible for an EAD.

Without one of these forms of authorization, working remotely from within the US for a US company is considered unauthorized employment, which can lead to severe immigration consequences, including deportation and future bars from entering the United States.

Working Remotely for a US Company While Residing Outside the United States

If you are performing the work from your home country outside of the United States, you generally do not need a US visa for yourself. In this scenario, your work is not considered employment within the US jurisdiction for immigration purposes.

Key Considerations for International Remote Work

While a US visa isn't typically required for the individual worker in this scenario, there are important implications for both the employee and the US company:

Scenario Requires US Visa/Work Authorization (for the worker) Key Considerations
Working remotely in the US Yes Worker: Must possess a valid visa allowing work or other work authorization (EAD). Unauthorized work has serious legal and immigration penalties.
Company: Must ensure the worker has proper authorization; otherwise, they risk legal repercussions for employing an unauthorized individual.
Working remotely outside the US No Worker: Subject to the labor laws, tax regulations, and social security contributions of their country of residence.
Company: Faces significant complexities in international payroll, tax obligations in the foreign country, compliance with local labor laws, and potentially needing to establish a legal entity or use a Professional Employer Organization (PEO) abroad.

For a US company, hiring someone remotely in another country means navigating the legal and tax frameworks of that foreign country. This can include:

  • International Payroll and Taxes: Ensuring proper withholding and reporting for the foreign country's income taxes, social security, and other mandatory contributions.
  • Labor Law Compliance: Adhering to the foreign country's laws regarding employment contracts, working hours, benefits, termination procedures, and more.
  • Establishing a Legal Presence: Depending on the country and the volume of employees, the US company might need to register as an employer or establish a legal entity in the foreign country.
  • Contractor vs. Employee Status: Companies often opt for independent contractor agreements with foreign remote workers to simplify compliance, but this classification must genuinely reflect the working relationship to avoid misclassification penalties in the foreign country.

Important Legal Nuances

Regardless of your location, "remote work" for a US company still constitutes performing labor for a US entity. If you are physically located within the US, the rules regarding work authorization apply. If you are located outside the US, while US immigration laws regarding visas may not apply to you directly, the employment relationship is still subject to the laws of your country of residence and the complex legal and tax obligations of the US company operating internationally.