What to Expect When Working on a US Tourist Visa

Published: September 23, 2024

A tourist visa is a requirement for foreign nationals seeking to enter the US for tourism purposes. Unless eligible for lawful entry under the Visa Waiver Program, you need a B-2 visa to enter and remain in the country for visits, leisure, and tourism. 

In 2023, 12,442 applications for B-2 visas were recorded. Of these, the US Department of State issued 8,085 B-2 visas and denied 4,357 applications. This indicates a significant interest of foreign nationals in visiting the US. 

Although the B-2 visa authorizes temporary entry into the US, it comes with certain limitations, particularly about employment. Violating such terms in your visa can lead to significant immigration consequences. 

This article will discuss what you can expect when considering work on a B-2 visa, including the potential legal implications. 

Overview of B-2 Tourist Visas

The B-2 visa grants nonimmigrants temporary authorization to visit the US for tourism or other specified purposes. These can include visiting relatives and friends in the US or traveling for recreation and medical treatment. All foreign nationals not participating in the US Visa Waiver Program can qualify for a B-2 tourist visa, provided that they can prove the following: 

• The visit to the US is temporary
• A form of solid ties to the home country, such as family, permanent job, or property
• No interest in staying in the US after the authorized visit
• Have sufficient financial resources to fund the visit

Suppose you can’t cover all the trip costs. You can prove that another individual will pay some or all the costs. However, it’s worth noting that applicants for B-2 visas must demonstrate eligibility based on their ties to the home country instead of depending on assurances from family and friends residing in the US. 

Depending on your case, the US consulate or embassy may request additional information and evidence to approve the tourist. So, while B-2 visas are generally easier to qualify for than other visa categories, it’s beneficial to apply with the assistance of an immigration lawyer to ensure your eligibility and approval. 

 

Employment Restrictions on a B-2 Tourist Visa

An individual holding a B-2 tourist visa cannot legally accept employment or work in the US. Engaging in paid and unpaid work when holding a B-2 visa can constitute unauthorized employment. Even participating in volunteer activities that typically require compensation could violate the terms of the B-2 visa.

Suppose you’re on a B-2 visa and wish to work lawfully in the US. You must transition to a visa classification that permits employment. Unfortunately, proving that you did not have preconceived intent to work when you applied for the B-2 visa can be challenging. Failure to exercise caution in visa change applications can cause visa revocation and a permanent re-entry ban to the US. 

Legal Implications of Unauthorized Employment

Unauthorized employment occurs when a noncitizen works in the US without legal permission. It can also occur when an individual exceeds the terms of an existing employment authorization. 

The tourist visa prohibits holders from employment, making it unlawful for B-2 visitors to work in the US. The US Citizenship and Immigration Services (USCIS) will closely examine your immigration history to see if you have worked illegally. 

Participating in unlawful work can negatively affect your immigration status and future visa applications. There’s an exception for certain individuals. However, under Section 245.1 of the Code of Federal Regulations (CFR), unauthorized employment can lead to the imposition of bars to adjustment status if you: 

• Continue to work illegally or accept unauthorized employment before filing for a green card
• Have worked unlawfully in the US, whether before or after applying for a green card

Remember, even unpaid employment isn’t always lawful. Although volunteer work doesn’t automatically trigger the bar, the USCIS may find some unpaid employment differently. Hence, assessing your situation with an immigration lawyer is vital to ensure compliance. 

Deportation is another possible legal implication of working illegally. Immigration authorities may initiate removal proceedings against you if they find out you’re engaging in employment without proper authorization, making it more challenging to secure a visa or other future immigration benefits. 

Secure a Work Visa With ALG Lawyers

Participating in unauthorized employment while on a B-2 visa violates the country’s immigration laws, which can result in severe penalties. You can be subject to re-entry bans, deportation, and challenges in acquiring future visas.

Suppose you’re considering working in the US. Ensure to acquire a suitable work visa or employment authorization. ALG Lawyers, Los Angeles Immigration Lawyers, can guide you through changing your tourist visa to a work visa. Connect with our team today for personalized legal guidance.