Can ESTA holder do some remote work from US for a UK company? [duplicate]

Can ESTA holder do some remote work from US for a UK company? [duplicate] - Spectacular drone view of New York City skyline with modern skyscrapers and towers near Hudson River on sunny day

I'm an ESTA holder regularly travelling to the US to see my girlfriend. I am a UK resident, in full time employment for a UK company.

This summer, I want to go over to US for 2-3 months (up to 90 days as ESTA permits), but I'd like to carry on working for my UK company over the internet. I would get paid to my UK current account - same way as it currently is. My employer is fine with that. I would go back to the UK within 90 days - as per ESTA's terms.

Is this legal or can I get in trouble? I'm finding very contradicting answers all over the internet.

In case you wonder, I'm the software developer.

Thanks.



Best Answer

Even if it is not legal, enforcing such is downright impossible. You sit at the laptop and type. The money is paid out in the UK to a UK account. There's exceptionally little the US authorities can hold on to.




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Can an American work remotely for a UK company?

In the UK, there are no restrictions on whether you can work remotely for a company in another country, including the US. However, you have to pay income tax to the UK and meet tax liability requirements.

Can I work remotely from the US on an ESTA?

An ESTA therefore allows you to work in the USA, but only if the employer paying you is located outside the United States. Joining a US company or starting a new business is only possible with a US visa or work permit.

Do you need a visa to work remotely for a UK company?

Do you need a visa to work remotely for a UK company? No, If the worker is entirely remote and not physically working in the UK, they will not need work authorisation or a visa to carry out work for any company based in the UK.

Is it legal to work remotely from another country?

When a company begins conducting business in another country, they become subject to permanent establishment laws. This means they are liable to pay corporate taxes in that country. Because of the permanent establishment risk, many HR departments are wary of allowing employees to work in other countries.



Can you work a U.S. job remotely from abroad?




More answers regarding can ESTA holder do some remote work from US for a UK company? [duplicate]

Answer 2

No, it's technically illegal, any sort of work in the United States requires a visa. From the B-1 criteria defining "business", which apply to VWP holders as well:

This covers a wide range of activities such as attending meetings, consulting with associates, engaging in negotiations, taking orders for goods produced and located outside the United States, attending conferences, and researching options for opening a business in the United States (such as locating or entering into a lease for office space). Generally speaking, you cannot engage in any activity or perform a service that would constitute local employment for hire within the United States.

That said, as @chx points out, this is virtually impossible to enforce. The main catch is going to be on arrival: you'll be asked why you're coming to the US and what you intend to do, and answering "working locally" is not going to fly. "See your girlfriend" is also a somewhat risky answer, since they'll presume you're trying to move to the US permanently.

So I'd advise you to come up with a permissible reason. "Training", for example, is generally allowed, and isn't even a lie if you're doing "on the job training".

Sources: Stack Exchange - This article follows the attribution requirements of Stack Exchange and is licensed under CC BY-SA 3.0.

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