Can a B2 Visitor in the USA work for a UK company as a consultant, performing work for a US company
Jane and Alan live in the UK, they are engaged to be married, they are NOT married.
Alan receives a job offer in the US and is granted an o1 Visa.
Because they are not married, Jane is given a B2 visa so she may go with Alan.
Jane is employed by a UK company as a consultant. That UK company are hired by a US company and Jane is given that workload.
Jane is now living in the USA, consulting for a UK company, doing work for a US company.
Is this legal?
Best Answer
Short Answer:
Jane cannot work in the US while she is in B-2 status.
Long Answer
US Visa B-2 is for tourism. This travel.state.gov page says permitted activities on a B-2 visa include:
- Tourism
- Vacation (holiday)
- Visit with friends or relatives
- Medical treatment
- Participation in social events hosted by fraternal, social, or service organizations
- Participation by amateurs in musical, sports, or similar events or contests, if not being paid for participating
- Enrollment in a short recreational course of study, not for credit toward a degree (for example, a two-day cooking class while on vacation)
Just below on the same State Department page this appears:
Travel Purposes Not Permitted on Visitor Visas
- Study
- Employment
- Paid performances, or any professional performance before a paying audience
- Arrival as a crewmember on a ship or aircraft Work as foreign press, in radio, film, print journalism, or other information media
- Permanent residence in the United States
Thus, Jane is not permitted to work while in the US in B-2 status.
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