Legal Question in Immigration Law in California

If you are holding a B-2 visa, you are not allowed to work. If you have a B-2 visa, you might be able to work while the payment is from oversea company.

We suggest you to consult with an immigration attorney to avoid any immigration violations.

You may visit our website at www.medinalawgroup.net or contact us via [email protected]. Thank you.

The above reply is for informational purposes only and not for the purpose of providing legal advice. You should contact an attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site does not create an attorney-client relationship.

One cannot typically perform services for remuneration in the U.S. as a B-2 visitor because the B-2 is intended to predominately, if not exclusively, be visit for pleasure. That doesn't mean that if you have a job overseas you can't continue to earn income there, but it can't be from duties performed in the U.S. except if a minor portion and only if limited to certain functions like negotiating one contract while on real vacation for a couple of weeks. However, as a B-1 visitor for business, one can predominantly or exclusively engage in activities of an international commercial nature, short of provision of regular services in the U.S. You could 100% of the time attend business meetings or trade shows, negotiate various contracts, etc.

There is a slippery edge between employment or local work for hire which is not permitted on either the B-1 or B-2 no matter how small a percentage, and commercial activities of an international nature permitted by the B-1. So, to answer your question more clearly, it would be best to speak with someone like myself who can give you an answer regarding the specific activities you have in mind and whether you can engage in them as a B-2 while waiting for the E-2. You might consider applying to change status from B-2 to B-1 if your time here is to prepare for the E-2. That would be more appropriate given your real intentions.

You may call me at 818 609 1953 or write to [email protected]. The above advice is general, shouldn't be understood as case specific legal advice and doesn't form an attorney client relationship. More is necessary for that to happen.

Thank you for your consideration.

It depends on your current status. As a Visa Waiver entrant or a B-2 entrant, you are not permitted to work in the U.S. for a U.S. company, if the activities are surrounding commercial activities in the U.S. You mention that you are waiting for an E-2 visa; so, if this means that a petition has already been submitted to "change your status", from B-2, it is best to not engage in these commercial activities while waiting for the visa. However, B-1 visa holders may enter the U.S. to look for business opportunities, etc. So, it may be best to be a B-1 and change status to E-2 that way. For further information offline, please contact our office at :415-387-1364 or [email protected].