Ask HN: Can a freelancer 'work' in US without a visa?

https://news.ycombinator.com/item?id=6232257

by csbartus • 13 years ago

5 21 13 years ago

news.ycombinator.com

Hello,

recently I've switched to freelance and got many interesting projects from US. The problem is all companies wants me to be there at least for regular face checks and coffee meetings.

I'm based on Europe and planning to move to US. Can I go there without a working visa and work like beeing in Europe?

I'll meet my clients out of office and we will sign regular freelance contracts as we did before.

Is this legal?

lutusp2• 13 years ago

I'm based on Europe and planning to move to US. Can I go there without a working visa and work like beeing in Europe?

No, but there is plenty of encouragement for technically skilled foreign workers here. Getting a work visa should not be a difficult issue.

http://travel.state.gov/visa/temp/types/types_1271.html

csbartus4• 13 years ago

it says "Each of these visas requires the prospective employer to first file a petition with U.S. Citizenship and Immigration Services"

as freelancers have no employers this is not a solution for my case.

lutusp2• 13 years ago

it says "Each of these visas requires the prospective employer to first file a petition with U.S. Citizenship and Immigration Services"

That's correct -- you have to apply before arriving, and I think it's also true that you need to have a job lined up as well. But you can certainly work here.

as freelancers have no employers this is not a solution for my case.

Even freelancers eventually settle on an employer.

pseingatl• 13 years ago

You are based in Europe. You win a contract in the US. You fulfill that contract in Europe. You occasionally meet in the US concerning the contract. Perfectly legal.

csbartus4• 13 years ago

That sounds very good.

"Fulfill that contract in Europe" means I can still sit in my apartment in US and do the work?

teahat• 13 years ago

Sorry, but no. The conditions of your entry to the US will state pretty clearly whether or not you can work. If you're on a tourist visa, you can't work, if you're on a business visa, you can have meetings and similar, but you can't work. If you're on VWP you can't work. Freelancing is work, however you slice it.

The ways for a non-US citizen to be able to work in the US are to either have a work visa (L, H, E etc) or a work authorization via a spouse who has the appropriate visa (L1, J1).

informatimago• 13 years ago

You're fucked up, since you've written that you're "planning to move to US.", if you try to put foot there, you'll be rejected and flown back right away.

All you can do now, is the queue at the nearest US ambassy to try to get a green card. Without that, don't by a flight ticket to the US, it'll be lost money and time.

Speaking from personnal experience.

My advice: keep working remotely. Use Skype for meetings.

ics• 13 years ago

Having no experience with US immigration on this matter I don't know how likely it is that they'll see it, but it's probably a very good idea for the OP to nuke this topic if they can.

Meetings are fine, but if it can be proven that you intend to work illegally (which AFAIK,IANAL anything more than meetings would be) you can potentially run into serious trouble.

csbartus4• 13 years ago

I see, asking something on HN is like entering JFK with a 'Snowden for President' t-shirt :)

sachin0235• 13 years ago

I think a business visa will serve your purpose - signing contract and who ur face, No work. But do not dare try to step in without a VISA else you will never ever get an entry into USA again

danellis• 13 years ago

Citizens of many countries don't need a visa for business meetings in the US, or even to do work for a client in the US if you're employed by a foreign company. For example, I was a British citizen working in the UK for a UK company. I spent two weeks in the US working at a client telco's testing lab. I used the visa waiver program.

winter_blue5• 13 years ago

The airport of departure (in your home county) will check if you have a visa or ESTA authorization (for waiver country citizens) before they let you board the plane.

jvvlimme• 13 years ago

I've been researching similar options myself:

You might look into E-1 or E-2 type of visa (in your case I guess it would be E-2) which is by far the easiest way to work in the US but also the most restrictive as it is a non-imigration type of visa.

It requires a substantial investment (always check with an immigration lawyer for advice) to start a business. It is restrictive in the sense that if you go out of business or stop the business you'll have to leave the country. Your spouse can get a work permit, but your children can't.

Another route is possible if you have a business in your own country that has been operating for a few years. You can open a subsidiary in the US and apply for an L-1A visa (for managers and executives) and from there petition for an EB-1C Green Card.

Whatever you try, consult an immigration lawyer and have them assist you and let them file paperwork. It will cost some money but this is something too complex and tricky to do yourself.

csbartus4• 13 years ago

None of these apply to me: no $1m to start a business in US nor a company to open a subsidiary in US.

I'll have to go the visa/green card lottery way I think ...

As a summary I see I'll need a visa in any case. And that visa is very hard to get without bothering my clients with sponsorship & help.

Ask HN: Can a freelancer 'work' in US without a visa?

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