Can You Work In The United States With A Tourist Visa?
17 April 2025By Alena Shautsova, New York Immigration Lawyer
Visiting the United States on a B-2 tourist visa is a great way to explore the country, reconnect with family, or even receive medical treatment. But one question often arises: Can I legally work while on a tourist visa?
As a trusted USA Immigration lawyer, I want to provide clear guidance: No, you cannot legally work in the U.S. on a B-2 tourist visa. Doing so can lead to serious consequences, including visa revocation and future bans on re-entry.
In this blog, we’ll explore what the B-2 visa allows, what it prohibits, and how you can legally pursue work in the United States if that is your ultimate goal.
What Is a B-2 Tourist Visa?
The B-2 visa is a temporary nonimmigrant visa issued to individuals who plan to enter the United States for the following purposes:
- Tourism and sightseeing
- Visiting friends or family
- Receiving medical treatment
- Attending social or cultural events (without pay)
- Taking short-term recreational classes (non-credit)
It is not a work visa and does not authorize employment, freelance work, or business operations that produce income—even if the employer is located outside the United States.
What Counts as Unauthorized Work?
Engaging in the following activities while on a B-2 visa is considered unauthorized employment and may trigger immigration penalties:
- Taking any paid job in the U.S.
- Working remotely for a foreign company while residing in the U.S.
- Accepting “under the table” or cash-based jobs
- Providing services in exchange for money or goods
- Freelancing or contract work, even if clients are overseas
Tip from a New York Immigration Lawyer: Even volunteering can raise red flags if the position is one that a paid U.S. worker could have filled. Always check first before performing any type of service.
Consequences of Working Illegally on a Tourist Visa
Working in the U.S. without authorization, even just once, can result in long-term immigration consequences:
- Visa Revocation: Once discovered, your B-2 visa may be immediately canceled, and any future visa applications will be flagged.
- Inadmissibility: Unauthorized work can make you inadmissible to the U.S., meaning you may be denied entry in future trips.
- Deportation: If caught working without authorization, you may be placed in removal proceedings and deported.
- Bar to Adjustment of Status: Future attempts to apply for a green card could be denied due to unauthorized employment, especially if no waivers apply.
Legal Alternatives to Work in the United States
If your goal is to work legally in the U.S., you must obtain a visa that allows employment. Several visa types may be appropriate, depending on your qualifications and goals:
- H-1B Visa: For professionals in specialty occupations (requires a bachelor's degree or higher).
- H-2B Visa: For temporary non-agricultural workers in industries like tourism, landscaping, or hospitality.
- O-1 Visa: For individuals with extraordinary abilities in science, art, education, athletics, or business.
- L-1 Visa: For intra-company transferees with specialized knowledge or managerial roles.
Advice from the best Immigration lawyer: Each visa type comes with specific requirements, deadlines, and employer obligations. Filing correctly from the start is essential to success.
Can You Change Status from Tourist to Work Visa?
In some cases, it is possible to change your visa status while still in the United States. For example, if you receive a qualifying job offer while in the U.S. on a B-2 visa, your employer may petition for you to change status (e.g., from B-2 to H-1B or O-1).
Requirements for Change of Status:
- You must file before your current status expires
- You must not have worked illegally
- Your prospective employer must file a petition (e.g., Form I-129)
- USCIS must approve the request before you begin working
If your status expires before the change is approved, you may be required to leave the U.S. and apply from your home country.
What If You Already Worked Without Authorization?
If you’ve worked without permission, you should consult a qualified USA Immigration lawyer immediately. You may still have options, including:
- Certain waivers for unlawful presence or inadmissibility
- Protection under humanitarian programs (asylum, VAWA, or U visa)
- Possible defenses in deportation proceedings
Every situation is unique, and a legal review can reveal paths forward—even if a mistake was made.
Final Thoughts: Don't Risk Your Immigration Future
Working on a tourist visa is a violation of immigration law, even if the work seems minor or harmless. The U.S. government takes these violations seriously—and so should you.
If your long-term goal is to live and work in the United States, there are legal pathways available. From employer-sponsored visas to self-petition options like EB-2 NIW or O-1, the right legal strategy can help you reach your goals—without putting your future at risk.
Need help choosing the right visa for employment in the U.S.?
Book a consultation today with a New York Immigration lawyer who understands your goals and will guide you every step of the way.
Visit: www.shautsova.com
Email: office@shautsova.com
Phone: 917-885-2261
Serving clients in New York and across the United States