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Remote work visas and rules for working from the US: overview

By FastBuySale Newsroom · 9 Nov 2026 · 29m ago

The short version

People search for remote work visas for the US expecting something like the digital nomad visas offered by many countries. The US does not have one. Whether you can legally work remotely from the US depends on who you are: a foreign visitor, a foreign national with a work-authorised status, a permanent resident or a US citizen. Each group faces different immigration and tax rules.

This overview explains the main categories in plain English, with examples. It summarises official guidance from the State Department, USCIS and the IRS, but it is not legal advice. Immigration outcomes depend on individual facts, and rules change, so check the official pages or speak to a licensed immigration attorney before acting.

Group 1: foreign visitors

Most short-term visitors enter on a B-1 business or B-2 tourist visa, or under the Visa Waiver Program with an approved ESTA for stays of up to 90 days. Visitor status permits activities such as attending meetings, consulting with business associates, attending conferences, negotiating contracts and tourism. It does not permit employment in the US.

Remote work for a foreign employer while visiting is a grey area. It is not listed as a permitted visitor activity, and officers judge whether a trip is genuinely a visit. Someone who spends months in the US working full days for a home employer is at risk of being found to have violated status, which can affect future visa applications.

Example: Elena, a designer from Spain, plans a two-week holiday in New York and expects to answer a few urgent emails. That is very different from Tomas, who plans to rent an apartment in Miami for three months and work his usual full-time schedule for his German employer. Tomas should get qualified advice before travelling.

Group 2: foreign nationals who want to work for US employers

To work for a US company while in the US, you generally need a status that authorises employment. The common routes include:

H-1B for specialty occupations that typically require a degree, sponsored by an employer and subject to an annual cap for most employers.

L-1 for intracompany transferees who have worked for a related company abroad.

O-1 for people with extraordinary ability or achievement in fields such as science, business, arts or athletics.

TN for certain Canadian and Mexican professionals under the United States-Mexico-Canada Agreement.

E-1 and E-2 for treaty traders and investors from countries with a qualifying treaty.

Each status ties work authorisation to conditions, often to a specific employer and role. Remote work from home is usually possible within those conditions, but moving to a different worksite can require an amended petition. Students on F-1 visas have tightly limited work options, such as curricular practical training and optional practical training.

Group 3: green card holders

Lawful permanent residents can work for any employer, including foreign companies, and can freelance. The main risk comes from long periods abroad, which can raise questions about whether you have abandoned residence. Absences of more than a year generally require a re-entry permit obtained before leaving.

Group 4: US citizens working for foreign employers or clients

Citizens need no visa to work from the US. The rules that catch people are about tax and reporting.

Worldwide income. US citizens and resident aliens are taxed on income from anywhere in the world. Pay from a UK client or a Singapore employer is taxable in the US just like local income.

Self-employment tax. Contractors with net earnings of 400 dollars or more generally owe self-employment tax of 15.3 percent on most net earnings, covering Social Security and Medicare.

Estimated payments. Foreign payers do not withhold US tax, so most remote contractors pay quarterly estimated tax.

Foreign accounts. If the combined value of your foreign financial accounts exceeds 10,000 dollars at any point in the year, you may need to file an FBAR with FinCEN. Some people also need to file Form 8938 with their tax return.

Currency. Income received in foreign currency must be reported in US dollars, using a reasonable exchange rate applied consistently.

Example: Marcus, a developer in Texas, earns 60,000 pounds a year as a contractor for a London start-up, paid into a UK account. He reports the income on Schedule C in dollars, pays self-employment tax and quarterly estimates, and files an FBAR because the UK account balance is well above 10,000 dollars.

Americans working remotely from abroad

Some readers want the reverse: to keep a US job or US clients while living overseas. Immigration in the destination country is then the main question, because many countries require a visa or permit even for remote work done for a foreign employer, and several now offer dedicated digital nomad permits with income thresholds. On the US side, citizens remain taxable on worldwide income wherever they live.

Two tests can help qualifying taxpayers use the foreign earned income exclusion, which lets them exclude a capped amount of foreign earnings set each year by the IRS. The physical presence test requires being in foreign countries for at least 330 full days in a 12-month period. The bona fide residence test requires genuine residence abroad for an uninterrupted period that includes a full tax year. The exclusion does not remove self-employment tax, and a US employer may still need to withhold US payroll taxes. Some countries have totalization agreements with the US that decide which country's social security system applies.

Example: Priya, a US citizen, moves to Portugal and keeps working for her Chicago employer. She checks the Portuguese residence permit rules first, then confirms with her employer how payroll will be handled, and tracks her days abroad to see whether the physical presence test will be met.

Employer-side issues

A foreign company that hires someone in the US as an employee may create obligations it did not expect: US payroll tax withholding, state registration, workers' compensation and possibly corporate tax exposure. That is why many foreign firms engage US workers as contractors or through an employer of record. Classification must reflect the real relationship; calling someone a contractor does not make them one if the company controls their work like an employer.

State taxes and local rules

Remote workers usually owe income tax to the state where they live and physically work. A few states have no wage income tax, and some states tax non-residents who work for employers based there under convenience-of-the-employer rules. If you move during the year, you may file part-year returns in two states.

Some cities also impose local income or payroll taxes. Check your state revenue department's guidance and keep a log of where you worked.

Practical checklist

Status: what is my immigration status, and does it authorise the work I plan to do?

Employer: is the work for a US or foreign employer, and as an employee or contractor?

Location: which state and city will I live and work in, and for how long?

Tax: have I planned federal, state and self-employment tax and set up estimated payments?

Reporting: do I hold foreign accounts that trigger FBAR or other forms?

Records: am I keeping contracts, invoices, travel dates and exchange rates?

Advice: for anything beyond a short business trip, have I checked official guidance or a licensed professional?

Common misunderstandings

"ESTA lets me work for 90 days." It does not. The Visa Waiver Program covers tourism and business visits, not employment.

"If my employer is abroad, US rules do not apply." Immigration rules apply to what you do while physically in the US, and tax rules apply to US persons wherever their employer is.

"Contractors do not pay Social Security." Self-employed people pay both halves through self-employment tax.

"A remote job ad means anyone anywhere can apply." Many US remote roles require the worker to be authorised to work in the US and to live in particular states.

The bottom line

There is no shortcut visa for remote work in the US. Visitors should keep trips genuinely short and within visitor activities, foreign workers need a work-authorised status, and Americans working for overseas employers should focus on tax and reporting. Read the State Department visitor guidance, the USCIS pages on employment-based categories and the IRS self-employment pages, and get individual advice when your plans go beyond a short visit. This article is general information, not legal or tax advice.

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