Work in the territory of the United States with a tourist visa (B1 and B2 visas) is illegal and can lead to cancellation immediate of the document, the deportation and one prohibition input up to 10 yearssince this visa is exclusively for activities recreationalfor business or medical treatment, not for jobs.
As stated by the US Citizenship and Immigration Services (USCISfor its acronym in English), if immigration authorities discover that a foreign citizen is working in the country on a tourist visa, the document can be revoked immediately and they could face a restriction to apply for any type of visa.
The violation is recorded in the systems of US Customs and Border Protection (CBPfor its acronym in English) and hinders any future application, since if a foreigner wishes to work legally In the United States, you must obtain a temporary work visa (H-2A or H-2B), where the employer files a petition.
The USCIS ensures that, if the foreign citizen is already in the United States, they can manage a change of status from tourist to worker. However, you should not work while the process is still earringbecause the immigration authorities have reinforced the controls and the clarity of the rules in these cases.
Working without authorization in the US
In the territory of the United States, working with a tourist visa constitutes a direct rape of the immigration laws of the North American nation, because the rule establishes that those who enter the country with this visa can only carry out authorized activities of short durationbut in no case can they occupy jobs.
According to the USCIS, foreign citizens with a tourist visa cannot receive any remuneration for work performed in the territory of the United States, regardless of whether the employer is a local business or a company foreigner. This visa only allows recreational travel, family visits or business meetings.
With this tourist visa it is not allowed to receive payments for any kind of professional serviceeven if it is in the form temporary or informalso the consequences can be serious and affect the foreigner’s immigration future. Given this situation, to work in the US, the only safe way is to process a work visa.
The work visa allows foreign citizens to work legally in the territory of the North American country, although it generally requires a job offer prior and a approved request for the immigration entity corresponding. In this specific case, it would be the United States Citizenship and Immigration Services.
Top options for working in the US
In the United States there are visas for agricultural (H-2A) and non-agricultural (H-2B) workers. In this scenario, employers must manage the entire request, and the cost of the nonimmigrant visa is US$250 (Q1 thousand 911), although the procedures include signed contracts, a valid passport and compliance with specific requirements.
For its part, the H-1B is a nonimmigrant visa that allows US employers to hire foreigners in “specialized occupations” that require knowledge and qualification university. It is generally issued for 3 years, is renewable for up to 6 years and is subject to an annual cap, which requires sponsorship from a company.