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关于‌‌‍‍‌‍‍‌‍‍‌‌‌‌‌‍‌‌‌‌‌‍‍‍‍‌‍‌‌‍‌‌B2签入境美国非法工作的问题

爪哇国的小土豆
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求大佬解答,本人加拿大在读硕士,导师给了RA的funding。由于去年到今年一直remote,所以就用旅游签来美国和亲人聚聚,期间RA的薪水照发,但我做的事情其实全都是跟自己的毕业论文相关的,这样算不算非法工作?/(ㄒoㄒ)/~~

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查到了这样一段话,看来是算非法工作的,拿着旅游签入境前完全没想过这茬,还是在地里刷到一些B签非法工作相关的贴才意识到/(ㄒoㄒ)/~~ 给各位小伙伴提个醒吧

Is Remote Work Authorized While on B2 Status?

As more and more people use the internet to work, we have noticed people inquiring as to whether doing remote work for a foreign company (with no connection to the United States) is permissible while on B2 status. More broadly, the question is whether any work for a foreign employer while in the United States on B2 status is permissible. For reasons that we will explain, we believe that the answer is categorically no.

For one, statute explicitly prohibits the B2 visa being used “to perform skilled or unskilled labor.”7 Furthermore, the FAM instructs consular officers to ensure that an alien seeking a B2 visa has made arrangements for defraying the expenses of his or her visit such that he or she will not need to obtain unlawful employment in the United States.8 It is safe to assume that these arrangements may not include “performing skilled or unskilled labor” for a foreign employer while in the United States.

The B1 visa for temporary business visitors exists for purpose of allowing an alien to engage in certain work for a foreign employer while in the United States [see article]. The mere existence of this nonimmigrant category indicates strongly that the B2 visa category was not intended for this purpose.

Finally, the IRS Tax Guide for Aliens lists the scenario in which services performed for a foreign employer count as “U.S. source income” that is taxable [see guide].9 Income paid by a foreign employer will be taxable unless the following three conditions are met:

1. The services are performed for a foreign employer that is not engaged in trade or business in the United States, or for an employer that has offices maintained in a foreign country or possession of the United States by a U.S. corporation, a U.S. partnership, or a U.S. citizen or resident.

2. The services are performed for not more than 90 days while the alien is in the United States.

3. The total pay for the services is not more than $3,000.10

Even if the work performed by a B2 visa-holder meets all three of the above conditions, we believe that any work by a B2 visa-holder for a foreign employer violates the rules of B2 status. However, the IRS Tax Guide for Aliens shows that in many cases, work performed for a foreign employer by a nonresident alien will count as “U.S. source income” that is taxable in the United States.

A person planning to visit the United States on B2 status should ensure that he or she has adequate financial arrangements such that work for a foreign employer while in the United States on B2 status would not be necessary. Because of the adverse immigration consequences that come from being found to have violated B2 status, it is far less damaging in the long run to shorten or delay a trip to the United States rather than to intentionally or inadvertently violate B2 status while in the United States.
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