Working Remotely for a Foreign Employer While in the U.S.: What You Need to Know

You're in the U.S. on a dependent visa.

But you're working remotely for a company back home.

You think: the employer is foreign, so it doesn't count as work in the U.S.

Here's the problem with that logic:

The U.S. government considers that work you are doing for your foreign employer to be working without authorization. It doesn't matter that the employer is outside the United States. What matters is that you are inside the United States while performing the work.

I understand why people think this would be allowed. They're in the U.S. on a visa that doesn't allow them to work in the United States. They need income. They have an employer back home willing to keep paying them. It feels as though it should be allowed because the job has nothing to do with the U.S. economy.

But that's not how the law works.

Being physically present in the United States while performing work, regardless of who pays you or where the employer is located, is considered employment in the United States.

So what can you do instead?

Depending on the visa category, some dependents are already authorized to work in the United States. Others may be eligible to apply for work authorization. The specifics depend on your visa type, your spouse's status, and where you are in the immigration process. An immigration attorney can help you understand what options exist for your family and what steps to take.

There may not be a quick solution. But it's worth checking if there is a solution out there.

It is far better to know what you are allowed to do on your visa than to risk a status violation that could affect future immigration applications.

If you're on a dependent visa and wondering whether your work situation is putting your status at risk — or if you know someone navigating this — feel free to reach out.