I am a German citizen visiting my girlfriend in the US for 2 x 50 days a year under the VWP. Can I work remotely and will I have to pay US Taxes? [duplicate]

I am a German citizen visiting my girlfriend in the US for 2 x 50 days a year under the Visa Waiver Programme (VWP). I already read that some immigration officers might make problems here due to the duration, if there are not at least 6 months between those 2 visits. But I believe 6 months should be feasible.

Now: Can I work remotely (telecommuting) for my German employer under the Visa Waiver Programme? I have an indefinite work contract with my German employer and would work via email and skype, mostly. The employer is ok with this. I have absolutely no intention to settle on US soil, my life centre is in Germany. But how to prove that?

Additionally, if I earn money in the US for more than 30 days, I need to pay US taxes, as far as I understand. That means I need to disclose that I am working to border officers, or do I not? I d be afraid I else might become a tax criminal and tax crimes are major offenses with jail time and all.

If I work for more than 30 days telecommuting, do I need to pay taxes in Germany and the US? That would be a heavy tax burden.

Best Answer

No, you most definitely cannot. The Visa Waiver Program only allows activity that are also allowed under regular visitor visas. For business visits, this means:

consult with business associates

attend a scientific, educational, professional, or business convention or conference

attend short-term training (you may not be paid by any source in the United States with the exception of expenses incidental to your stay)

negotiate a contract

Employment is also explicitly forbidden and although it's first and foremost about taking up regular employment in the US, there is no reason for this rule not to cover telecommuting.

People who visit the US for one of the allowed purposes and do a bit more (like checking emails, dealing with urgent matters back home, etc.) are arguably in a bit of a grey area but telecommuting for extended periods of time is quite clearly forbidden.

Pictures about "I am a German citizen visiting my girlfriend in the US for 2 x 50 days a year under the VWP. Can I work remotely and will I have to pay US Taxes? [duplicate]"

How long can a German citizen visit the USA?

How long can visitors with a German passport stay in the United States? German visitors can stay in the United States for a maximum of 90 days Per Entry. All visits are strictly limited to business or tourism, so you CANNOT seek paid work or employment.

What does a German citizen need to visit USA?

German citizens do not need a visa to travel to the US for visits of up to 90 days for tourism, business, or transit purposes. ESTA authorization is granted to German nationals for 2 years or until the associated passport expires, whichever date is sooner.

How long can someone stay in the US as a visitor?

When you enter the U.S., a customs officer will give you authorization to stay in the U.S. for up to six months. If you'd like to stay for longer, you may be able to apply to extend this for up to one year.

How long can you visit the US without a visa?

The Visa Waiver Program (VWP), administered by the Department of Homeland Security (DHS) in consultation with the State Department, permits citizens of 40 countries to travel to the United States for business or tourism for stays of up to 90 days without a visa.

What is the Visa Waiver Program in USA | ESTA | Stay for 90 Days in the U.S.A | Zavala Texas Law

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