ESTA And Remote Work: Here’s What You Need To Know

By Robert David Orr / Last updated: Jan 1, 2023

Are you dreaming of working remotely while traveling the world? It’s a tantalizing prospect, but is it possible to do so on an ESTA?

It’s a convenient and cost-effective option for travelers but does it allow for remote work? What about business travelers?

It isn’t possible to work remotely on an ESTA. The ESTA allows travelers from certain countries to enter the US for tourism or business for up to 90 days without a visa, but does not permit work in the US. To work remotely for a US company while outside the country, you may need to obtain a work visa, such as an H-1B or L-1, which requires the employer to file a petition on your behalf.

However, there are ways to work remotely for a company in the United States even if you are outside the country.

In this article, we’ll explore the options available if you’re thinking about traveling on an ESTA and get you pointed to the right resources.

Real quick, before we get too far into it here, if you want to connect with other remote workers – and make some new friends! – or would love to make your home office space the best join my free private Facebook group, Home Office Hacks here.

What is an ESTA?

An ESTA, or the Electronic System for Travel Authorization, is an online system used by the U.S. government to pre-screen travelers before they are allowed to enter the country.

The ESTA is required for travelers from certain countries who are participating in the Visa Waiver Program (VWP), which allows citizens of participating countries to travel to the U.S. for business or pleasure for stays of up to 90 days without obtaining a traditional visa.

The purpose of the ESTA is to help the U.S. government identify potential security risks and inadmissible travelers before they arrive in the country. By requiring travelers to apply for an ESTA before traveling, the U.S. government can review their background and determine whether they are eligible to enter the country.

It’s important also to understand that an ESTA is different than a tourist visa.

Tourist visas and ESTAs are both options for traveling to the United States for leisure or recreational purposes, but they have some key differences. Tourist visas are issued by U.S. embassies or consulates and require the applicant to attend an in-person interview, whereas ESTAs can be obtained online and do not require an interview. Tourist visas can also be valid for longer periods of time than ESTAs, which are only valid for two years and allow for stays of up to 90 days per trip.

It is important to note that neither ESTAs nor tourist visas permit work in the United States. If you want to work in the United States, you will need to apply for a different type of visa, such as a work visa, and we’ll talk more about this below.

Can you work remotely on an ESTA?

It’s important to understand the restrictions and regulations that apply to your stay.

First, it’s important to note that an ESTA is a travel authorization, not a work visa. It’s originally intended for individuals who are traveling to the U.S. for leisure or business purposes, but not for the purpose of working.

This means that while you’re on an ESTA, you are generally not authorized to work in the U.S.

However, an ESTA might be the perfect substitute for a work visa when it comes to business travel to the United States.

Contrary to popular belief, an ESTA isn’t only just for tourist travel. In the right situations, it can also be used for business travel to the United States.

An ESTA allows you to participate in a whole host of business activities, such as attending business meetings, conferences, trade shows, and more. You can also use it to negotiate or interview with potential business partners.

If you’re considering moving to the United States, you can use an ESTA to travel to the U.S. for research purposes. This can help you get a better understanding of the area you’re considering relocating to and make informed decisions about your move.

If you’re employed by a foreign employer while on an ESTA, it’s important to ensure that you do not engage in any activities that would be considered work in the United States.

Another important note is that an ESTA is valid for two years and allows for multiple trips to the U.S., each time with a maximum stay of a 90 day period. This means that you can combine business travel with leisure activities or visits with friends and family. There is no specific “business ESTA” or “tourist ESTA” – the ESTA is suitable for both types of travel.

When a U.S. visa is required instead of an ESTA

While an ESTA allows for tourism or business travel to the United States for stays of up to 90 days without a visa, there are certain activities that will require a visa or specific work permit.

If you’re planning to work in the United States, whether as an employee of a US company or as a self-employed individual, you’ll need to obtain a work visa. There are several types of work visas available, depending on your occupation and the purpose of your work in the United States.

Some common types of work visas include the H-1B visa for specialty occupations, the L-1 visa for intracompany transferees, and the E-2 treaty investor visa. Immigration laws can be tricky to navigate so it’s essential to know that an employer or sponsoring organization must file a petition for you to get a working visa, and the procedure can be complicated. [1] [2] [3]

If you’re planning to study in the United States, then you need to obtain a student visa. There are several types of student visas available, depending on your level of study and the type of educational institution you will be attending. It’s important to for you to understand that you must be already be accepted into a program of study at a Student and Exchange Visitor Program-certified (SEVP) school before you can apply for a student visa. [4]

If you’re planning to start a business or invest in a US company, you may be able to obtain a business or investor visa. Again, there are several types of visas available, depending on the nature of your business or investment and your specific role in the company. Obtaining a business or investor visa requires a detailed business plan and financial resources, and the process can be complex.

Journalistic work in the United States also requires a specific visa, such as the I visa for foreign media representatives. It’s important to note that media visas have additional restrictions and requirements, such as accreditation by a recognized media organization. [5]

How to apply for an ESTA

To apply for an ESTA, you’ll need to visit the official ESTA website and complete the online application form. The application form requires standard personal and travel-related information, like your name, date of birth, passport details, and the purpose of your trip to the United States. You will also need to answer a series of security-related questions.

In addition to the basic personal and contact information, you may also be required to provide additional information such as any aliases or other names you have used, your National ID or Personal ID number, your Global Entry ID number (if applicable), and the contact information for your employer or a U.S. point of contact (if applicable).

It’s vital that you make sure that the information you provide on the application form is accurate and up to date. Providing false or misleading information on the ESTA application can result in your ESTA being denied or revoked.

To apply for an ESTA you will need to have a valid passport from a country that participates in the Visa Waiver Program. A list of Visa Waiver Program countries can be found on the official ESTA website. You will also need a valid email address and a home address and phone number. It is recommended to provide the contact information for an emergency point of contact in case of any issues during your trip.

To complete the ESTA application process, you will need to provide payment for the application fee which is currently (as of January 1, 2023) $21.00 USD and can be paid using a credit or debit card from MasterCard, VISA, American Express, Discover (JCB or Diners Club only), or PayPal. [6]

How it compares to the U.S. visa application process

While an ESTA can be a convenient and cost-effective option for certain types of business travel, there are situations in which a US visa may be required.

One of the key differences between the ESTA and the US visa application process is all of the the required forms.

To apply for an ESTA, you’ll need to complete an online application and pay the associated fees as mentioned above. The process is generally quick and straightforward, with most applications being approved within two to three days.

On the other hand, if you need to apply for a U.S. visa, you will need to complete the DS-160 form online and then schedule an in-person interview at a US embassy or consulate. The interview is an important part of the visa application process and allows the consular officer to verify your identity and assess your eligibility for a visa. [7]

Another difference between the ESTA and the US visa application process is the time and cost involved.

Because the ESTA can be completed online and does not require an in-person interview, the process is generally faster and less expensive than applying for a US visa.

However, it’s important to point out that the ESTA is only valid for two years and allows for stays of up to 90 days per trip, whereas some types of US visas may be valid for longer periods of time and allow for multiple entries into the United States.

Next steps

ESTAs are designed to be easy to use, but immigration laws and your specific situation may be complicated.

If you are still unsure about whether an ESTA or a US visa is the right choice for your business travel to the United States, it may be helpful to seek professional advice to assess your specific situation. An immigration service or immigration attorney can provide guidance on the best course of action based on your individual circumstances and goals.

It’s important to carefully consider your options and ensure that you are complying with the regulations set by immigration authorities. Failing to obtain the appropriate visa or travel authorization can result in significant delays or even being denied entry to the United States.

Seeking the advice of a professional can help you navigate the complex rules and regulations surrounding business travel to the United States and ensure that you are able to achieve your goals without any unexpected setbacks. Don’t let your visa situation hold you back – seek expert advice and move forward with confidence.

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Resources

  1. https://www.uscis.gov/working-in-the-united-states/temporary-workers/i-representatives-of-foreign-media
  2. https://www.uscis.gov/working-in-the-united-states/h-1b-specialty-occupations
  3. https://www.uscis.gov/working-in-the-united-states/temporary-workers/l-1a-intracompany-transferee-executive-or-manager
  4. https://www.ice.gov/sevis
  5. https://www.uscis.gov/working-in-the-united-states/temporary-workers/e-2-treaty-investors
  6. https://esta.cbp.dhs.gov/
  7. https://ceac.state.gov/genniv/

Robert David Orr

Robert is a writer & creator, author of the WordPress Website Blueprint, award winning web developer, and leader in digital strategy. He's also a tenured work at home veteran who's been working from home for more than 10 years. Learn more. Got questions? Reach out and connect here - Contact Home Office Hacks here.

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