Visa Options to Work Remotely from the U.S.

This is a guest post from our friends at Legalpad!

Have you ever wished you could grab food from a trendy Manhattan cafe during your lunch break? What about indulging in Austin’s music scene or taking a dip in California’s Lake Tahoe after you finish up work for the day? No matter which of the 50 states you fancy, the U.S. is a remote worker’s dream. The only problem? U.S. immigration tends to be stricter and complicated than immigration in other popular digital nomad destinations. Let’s go into everything you need to know about working remotely from the U.S., including the best U.S work visas for digital nomads.

How to work remotely from the U.S.

Many countries allow visitors to work remotely on a tourist visa, but the U.S. is not one of those countries. To work for any company (American or foreign) while physically present in the U.S., you need proper work authorization, such as:

• A green card;
• An employment authorization document (usually held by F-1 students and people with pending green cards); or
• A valid U.S. work visa

It may be tempting to work for your employer while traveling in the U.S. on ESTA or a B visitor visa, but it is not worth the risk. Immigration violations can result in being barred from entry into the U.S. for a decade, deportation, and/or future visas and green card denials.

Is there a U.S. digital nomad visa?

The U.S. does not currently have a visa specifically for digital nomads. You can sign up for Legalpad’s newsletter to stay informed about any changes to U.S. immigration policy.

What U.S. visas are available for remote workers?

Although there is not a U.S. visa specifically for digital nomads or remote workers, the U.S. has a variety of work visas, each with very different requirements. 

To qualify for any of these visas, you must have a U.S. company willing to sponsor you. 

The most common way to get a sponsor is to secure a job offer at an existing U.S. company. Many people also get a sponsor by requesting that their foreign employer transfer them to the company’s U.S. entity. Others start their own U.S. company.

The O-1A visa for individuals with extraordinary ability

Sometimes called the “genius visa,” the O-1A isn’t for everyone, but if you meet three (or more) of the eight O-1A criteria, you qualify!

Why do remote workers love the O-1? 

• No office requirement. The O-1 visa itself does not require you to be working in a physical office space. Work from home, a co-working space, a coffee shop, or one of Outsite’s locations!
• Easy travel in and out of the U.S.
• You can get your O-1 approved by the U.S. government in under 15 days with premium processing
• O-1 visa holders can extend their O-1 status indefinitely
• No degree or industry requirements. In other words, you can get an O-1 visa even if you didn’t graduate from high school!
• No salary requirement

The L-1 visa for executive, manager, and specialty worker transfers

If you’ve been working for your company for at least a year in a qualifying role, you may qualify to transfer to your company’s U.S. office on the L-1 visa. 

Why do remote workers love the L-1? 

• You can get your L-1 approved by the U.S. government in under 15 days with premium processing
• Easy travel in and out of the U.S.
• If you qualify, you can transfer directly from your current role to a role at the same company in the U.S.
• Up to seven years of validity for L-1A, and five years for L-1B
• No salary requirement

The H-1B visa for specialty occupation workers

If you’ve heard of any U.S. visa, you’ve probably heard of the H-1B. It’s available to people who have a Bachelor’s degree (or many years of professional experience) related to a “specialty occupation” and a U.S. job offer in that occupation. 

Why do remote workers love the H-1B? 

• No office requirement. The H-1B visa itself does not require you to be working in a physical office space. Work from home, a co-working space, a coffee shop, or one of Outsite’s locations!
• Easy travel in and out of the U.S.
• You can get your H-1B approved by the U.S. government in under 15 days with premium processing
• Up to six years of validity 

The TN visa for Canadian and Mexican professionals

You qualify if you are a Canadian or Mexican citizen with a U.S. job offer in a TN-approved occupation. 

Why do remote workers love the TN visa? 

• No office requirement. The TN visa itself does not require you to be working in a physical office space. Work from home, a co-working space, a coffee shop, or one of Outsite’s locations!
• Easy travel in and out of the U.S.
• You can get your TN approved by the U.S. government in under 15 days with premium processing
• TN visa holders can extend their TN status indefinitely

The E-3 visa for Australian professionals

The E-3 is almost identical to the H-1B, but it is available to citizens of Australia. 

Why do remote workers love the E-3? 

• No office requirement. The E-3 visa itself does not require you to be working in a physical office space. Work from home, a co-working space, a coffee shop, or one of Outsite’s locations!
• Easy travel in and out of the U.S.
• You can get your E-3 approved by the U.S. government in under 15 days with premium processing
• E-3 visa holders can extend their E-3 status indefinitely

The E-2 visa for investors

The E-2 visa is possibly the most overlooked U.S. work visa. It allows nationals from certain treaty countries to invest in a U.S. company and work for it in the U.S. as an employee.

Why do remote workers love the E-2? 

• No office requirement. The E-2 visa itself does not require you to be working in a physical office space. Work from home, a co-working space, a coffee shop, or one of Outsite’s locations!
• Easy travel in and out of the U.S.
• You can get your E-2 approved by the U.S. government in under 15 days with premium processing
• E-3 visa holders can extend their E-2 status indefinitely

Not sure about which visa is the right one for you? Connect the U.S. immigration team at Legalpad.

Excerpt: Although the U.S. does not yet have a digital nomad visa, there are a variety of work visas that enable foreign nationals to work remotely in the U.S.