When don't you need a Visa to Earn Money in the US

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Apr 9th 2015, 3:27 am

#16

Pulaski

Joined: Dec 2001

Location: Dixie, ex UK

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Re: When don't you need a Visa to Earn Money in the US

Quote:

Originally Posted by petitefrancaise

Hypothetically....
if say a landscape architect comes to the USA, has a few business meetings, takes a few photos and measurements and then returns to say EU where garden plans are drawn up and emailed to client. Client pays professional in EU for plans... Is that legit?

Business meetings and visiting clients are both specifically OK on the VWP and B1/B2, so yes, totally legit IMO.

Apr 9th 2015, 4:36 am

#17

GeoffM

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Re: When don't you need a Visa to Earn Money in the US

Quote:

Originally Posted by Pulaski

Business meetings and visiting clients are both specifically OK on the VWP and B1/B2, so yes, totally legit IMO.

I suppose that's not that dissimilar to the tailor case known as Matter of Hira.

Apr 15th 2015, 11:39 pm

#18

Steve_

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Joined: Jul 2010

Location: Calgary, Alberta

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Re: When don't you need a Visa to Earn Money in the US

Quote:

Originally Posted by jayoel

When don't you need a Visa to Earn Money in the US or other countries?

There is probably a of lot Grey Areas here and good Point for Discussion.

Not really, there aren't that many grey areas in US immigration law. (Not in relation to this topic anyway).

Quote:

Poker
Many Tourists every year come to Vegas to play most of them lose but a few make money as a professional. I think this could be the only non-grey area in terms of not Needing a Visa. this could be tricky when it comes to Taxes and if it is your only source of Income and you spend 5 Months in the US every year Playing Poker are you ever going to need a Visa ?

If you are engaged in the business of gambling you have to be work authorized and if you're staying in the US five months out of the year it will be fairly obvious to CBP what you're up to. In addition you have to pay taxes and file a 1040NR so you can't really stay under the radar, the casino has an EIN and has to report all this stuff to the IRS.

Quote:

Photos? Video - Someone Takes Photos or Video in the US and is able to sell them for a Profit. At what Point do they need a Visa to Sell those Photos. If they come as Tourists.

Once again, if you're engaged in the business of doing it, you have to be work authorized, journalists for example require an I visa.

Quote:

Blogger - Someone keeps a Blog of there travels around the world. they Get sponsored and/or have Advertising on the Blog. Is this A requirement for Visa.
many people do this with out any Visa.

Well one of the classic "a bit grey" area is a travel writer, because technically if they start writing while in the US they would need to work authorized but it's difficult to police. However if that's your job, you should get an I visa. However if you're in the US more than six months you're going to get nailed by CBP on duration of stay anyway, so it's a bit meaningless.

Quote:

Youtube Channels - there is many people running youtube channels as there income now should they need a Visa if they they head to US. there is Many Brits on youtube in the states. If there earning should they need Visa for this.

Yep, if they're actually doing it in the US and are physically present in the US while doing it. You're in the US, your source of remuneration is US-source, ergo, you have to be work authorized. Youtube will in fact require you to fill in a W-9 before they can start paying you. So if you're a non-resident alien, it would be a W-8BEN. You cannot have a US address on a W-8BEN generally speaking. And for a W-9 you need an SSN. Have a read of part II - "I certify under penalty of perjury that I am a US citizen or other US person."

I suppose you could visit the US and do it that way, because you could then use a W-8BEN with a foreign address - once again, only a short-term possibility.

Quote:

If you Film Holiday Video and you happen to upload it and make money off of it how would they classify this. ?

It would depend on your intent when you did it, but the person paying has to have a legal way of paying you as described above.

Quote:

Author - For instance your a Published Author. and Writing a Book as your Traveling or Staying in the states. there is no way needing a visa can be enforced for fiction Novels ?

You could probably get away with doing a bit of writing in the US while visiting but once you start getting paid royalties, then you need an SSN and have to do all the US tax paperwork as outlined above. And you can't get an SSN without being work authorized.

Quote:

Music - to Perform music in the US you definitely need a Visa.
But if you go to the US to Record as band or Artist etc you don't
So you spend 5 Months in the US and Record music and then sell your Music.

But you're not "earning money" in the US, you're visiting, doing a bit of work, then receiving payment when you're not in the US. And you do need to be work authorized if you're engaged in the business of doing it.

Quote:

Freelance working any work that can be done completed remotely(website design, Translators etc) - This is a very Grey topic there is lot of work you technically need some sort of work Visa but there is no way to enforce some of it.

A lot of people say it is a grey area, but it isn't. A translator for example can enter as a B-1 visitor legitimately. A graphic designer who is a Canadian or Mexican citizen can enter as a B-1 NAFTA visitor under 8 CFR 214.2(b)(4)(i)(G) and work in the US provided the source of remuneration is from outside the US - however after six months that person would become resident for tax purposes, so by definition the source of remuneration would become US-source and the exemption no longer applies.

There is ample case law on the subjects you raise, for example Matter of Hira and Matter of Neill

None of what you raise are grey areas - more a case of people being misinformed.

Last edited by Steve_; Apr 15th 2015 at 11:42 pm.

Apr 16th 2015, 1:00 am

#19

Jerseygirl

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Re: When don't you need a Visa to Earn Money in the US

Quote:

Originally Posted by jayoel

I Think there is a lot more things to worry about because someone sold a few holiday snaps that they took while they where on Holiday.

What if you are recording, not performing?
Professional musicians may enter the US on the VWP to record, but only if the recording will not be distributed or sold within the US and no public performances are given during the visit. This means that if musicians are laying down recordings that will be distributed and sold throughout the world excluding the US, VWP travel is acceptable. If the recordings will be distributed and sold in the US to any extent, then the musicians will need valid work authorised visas. Again the required visa type will typically be O or P visa, depending on the facts.

and what about Poker ?

also this
. According to the U.S. Department of State rules for visitors, "an artist coming to the United States to paint, sculpt, etc. who is not under contract with a U.S. employer and who does not intend to regularly sell such art-work in the United States" is not engaged in "employment."

Also How many Paintings would you need to sell for it to be considered Regular ? it also says in the United States so if you go home to sell it etc ?

Why are you asking all these questions? Are you thinking about travelling to the U.S. with the intention of carrying out some of the activities you've mentioned?