Can You Work on an ESTA in the U.S.? Legal Risks and Real Visa Options

To be clear right away: Working on a B-2 visa or ESTA is not allowed. If you complete any services while you're in the U.S.—even if the client is overseas and the payment is processed abroad—it's considered unauthorized employment.

The Visa Waiver Program (VWP), which includes ESTA, is meant for short visits—either tourism or limited business activity—up to 90 days. It doesn’t allow productive work. It also doesn't offer an option to extend or switch to another visa after arrival, apart from rare exceptions like “satisfactory departure” for emergencies.

Here’s what that looks like in practice:

You fly to Austin for a friend’s wedding using ESTA. The next morning, you connect to hotel Wi-Fi and send a completed project to a European client. It feels low-risk. But under U.S. rules, that moment counted as working in the U.S., because immigration law is based on where the work is done, not where the money goes.

There’s more at stake than a warning. If immigration officers link your declared tourist or business visit to work-related activity, especially soon after arrival, consular officials can treat it as misrepresentation. Under the State Department’s 90-day rule, that could lead to visa cancellation or a multi-year bar on reentry.

Some countries have created visas for remote workers. The U.S. hasn’t. There's no such category in its visa directory. Canada, for example, does allow remote work for foreign employers during a visitor stay. The U.S. does not.

If you need to perform work while on U.S. soil, the best option is to apply for a visa that clearly authorizes it. In the next sections, you’ll learn what B-1, B-2, and ESTA really allow, why laptop-based work still counts as employment, how 2025 fines and bans apply, and which two visa categories—E-2 for investors and O-1 for top professionals—offer legal paths forward.

‍Why Working on ESTA Is Illegal

U.S. immigration law focuses on where the work is done, not where the payment is processed. If you perform services while inside the United States, that counts as work. It does not matter if your client or employer is located abroad.

This is called unauthorized employment. USCIS defines it as any service or labor performed in the United States by someone who is not authorized to work. Whether you are freelancing, consulting, or running your own business, if the work happens while you are in the U.S., it violates the terms of ESTA or any visitor status.

This is where the question "can you work on an ESTA" turns into a clear answer. You cannot. The place where you complete the work controls the legal outcome, not the nationality of the client or the bank account receiving the funds.

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Example
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You fly to Miami using ESTA and complete a client project from your hotel room. The invoice goes to a European company, and the money arrives in your foreign bank account. That is still unauthorized employment because the services were performed on U.S. soil.

What If You Only Check Email or Use Slack?

There is no official rule that defines how much online activity counts as work. But if your visit includes actions that suggest your real purpose was to be productive, you are at risk. Sending deliverables, joining project calls, or tracking billable hours while in the United States can all raise concerns.

Risks of Violating ESTA Rules

Visa Cancellation and Removal

If an officer determines you worked during your stay, your ESTA can be canceled immediately. You may be denied entry, removed from the country, and placed on a return flight. This can happen at the airport during secondary inspection or later, based on new information.

In more serious cases, officers may apply a finding of misrepresentation. That can result in a multi-year bar on future entries and a permanent record of immigration fraud.

The 90-Day Rule

This is a State Department guideline used by consular officers. If you do something that conflicts with your stated purpose of travel within 90 days of entry, officers may presume that you misrepresented your intentions. Starting paid work shortly after arrival is a common trigger.

A misrepresentation finding under U.S. immigration law can lead to a visa refusal and a long bar on reentry. Waivers are rarely granted.

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Employer Fines

Hiring someone without work authorization is illegal. For U.S. employers, civil fines start at several hundred dollars per violation and can exceed twenty thousand for repeat offenses. These penalty amounts were updated in 2025.

Even if you are self-employed or working for a foreign company, visibility matters. Immigration authorities sometimes learn of violations through public channels, such as client websites or online profiles that list work performed in the United States.

How Violations Are Discovered

Not every case of unauthorized work is caught, but when it is, the consequences can be immediate and long-lasting. U.S. immigration authorities use a variety of methods to detect violations.

Ports of Entry

Many violations come to light during inspection at the airport. Officers may ask detailed questions about your trip. In some cases, they may review your electronic devices, including email, calendars, and work-related documents. If there is any indication that your primary purpose is to work, they can deny entry or begin removal proceedings.

Travel Patterns

Frequent short trips to the U.S. with long stays or repeated entries on ESTA may raise red flags. If your travel history shows a pattern that resembles living and working from the United States, it can prompt deeper scrutiny.

Public Information

Some cases come to light because of public visibility. A client may list your name and location on a project website. A blog or interview may mention that you completed work while in the U.S. Immigration officers sometimes rely on open-source information when reviewing past conduct or evaluating new visa applications.

Future Applications

Even if no action is taken during your stay, your activity may come under review the next time you apply for a visa or travel to the United States. Officers look at consistency between your travel history and your stated purpose. If you say you were visiting as a tourist, but evidence shows you were working, it can lead to a denial.

‍Legal Alternatives to Work from the U.S.

If your goal is to stay in the United States and continue working, ESTA is not the right option. You need a visa that authorizes employment. Two of the most flexible and realistic pathways for independent professionals and entrepreneurs are the E-2 Treaty Investor and the O-1 for Extraordinary Ability.

E-2 Treaty Investor

The E-2 visa is designed for nationals of countries that have a qualifying treaty with the United States. It allows you to invest in and actively manage a U.S. business.
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To qualify, you must:

• Be a citizen of a treaty country
• Make a substantial investment in a real and operating U.S. business
• Direct and develop the enterprise, or hire qualified managers to do so

The amount of investment required depends on the nature of the business. There is no fixed minimum, but the investment must be large enough to show commitment and create an operating company—not just a plan.

This visa is well suited for entrepreneurs, franchise investors, and founders launching service-based businesses. Spouses of E-2 visa holders can apply for work authorization without restrictions on employer or job type.

The E-2 does not offer a direct path to a green card, but it can be renewed as long as the business remains active.

O-1 Visa for Individuals with Extraordinary Ability

The O-1 is a work visa for individuals who have demonstrated significant achievements in their field. It covers professionals in business, science, education, arts, athletics, and the entertainment industry.

To qualify, you need:

• A record of national or international recognition in your field
• Evidence of high-level accomplishments, such as awards, publications, media coverage, or leadership roles

This visa requires a U.S. agent or employer to file the petition, but it can be structured flexibly for founders or consultants working on multiple projects.

The O-1 can be renewed and extended, and it is often used by entrepreneurs who do not fit into traditional employment categories. It can also be a stepping stone toward permanent residency for those who qualify.

Real-World Scenarios

Understanding how U.S. rules apply to everyday situations helps avoid mistakes. Here are three common examples, with direct answers based on current law.
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“I’m freelancing for my clients in Europe while visiting Florida.”

This is unauthorized employment. Even though the clients are outside the U.S., the work is being performed from inside the country. Location of labor, not location of payment, determines if it's legal.
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“I’m on vacation but checking email and Slack for my company.”

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If the activity is light, unpaid, and incidental to your trip, it might not raise concerns. But once it becomes consistent, paid, or part of your day-to-day responsibilities, it can cross the line into unauthorized work. There is no formal safe harbor for minimal online activity.
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“I’ll enter on ESTA and apply for a work visa later.”
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This is not allowed. The Visa Waiver Program does not permit changes to another visa category from inside the U.S., except in limited emergencies. If you need a work visa, apply before entering.

Conclusion

Working on an ESTA in the U.S., even remotely for a foreign client, is not allowed. U.S. law focuses on where the work happens, not who pays you. ESTA and B-2 are for short visits, not employment of any kind.

Violating these terms can lead to denied entry, visa cancellation, or a multi-year bar. The 90-day rule makes early work after arrival even riskier. These issues often surface at the border, during future applications, or through public information.

Even though enforcement isn’t universal, the rules are strict for a reason. In 2023, DHS recorded millions of entries with low overstay rates but still tracks patterns. Around 8.3 million people are estimated to be working in the U.S. without authorization. This helps explain why immigration officers take violations seriously.

There is no digital nomad visa in the U.S. While Canada allows remote work during a visit, the U.S. has not followed that path. Policy proposals exist, but they haven’t been adopted.

If you plan to work while in the U.S., use a visa that allows it. E-2 and O-1 are strong options for investors and professionals. Traveling on the right status protects your future entries and your business.

FAQ

Can I work remotely in the U.S. on an ESTA?

No. ESTA does not allow you to perform any work while inside the United States, even if the client or employer is based abroad. Remote work done from U.S. soil is considered unauthorized employment.

Is it legal to freelance while visiting the U.S.?

No. Freelancing, contracting, or delivering paid services while physically in the U.S. requires work authorization. Visitor status, including ESTA and B-2, does not permit this.

What happens if I’m caught working on ESTA?

You could be denied entry, removed from the country, or have your ESTA canceled. In some cases, consular officers may apply a misrepresentation finding, which can lead to a multi-year ban on reentry.

Can I convert my ESTA to a work visa after entering?

No. The Visa Waiver Program does not allow changes to another visa category once you are in the U.S. If you plan to work, you must apply for the correct visa before travel.

What visa should I use to work legally in the U.S.?

The right option depends on your background and goals. The E-2 visa is for investors managing a U.S. business. The O-1 visa is for individuals with strong achievements in their field. Both allow legal work from inside the U.S.

Additional Resources

If you’d like to explore this topic further, here are some helpful official and legal resources that expand on what we covered in this article:

• Visa Waiver Program Overview (U.S. Customs and Border Protection).
  Learn who qualifies for ESTA and what activities are allowed during a short visit.
• Satisfactory Departure Policy for ESTA Travelers (CBP).
  Explains how travelers may request extra time in emergencies without overstaying.
• Can You Extend Your ESTA Stay? (Nolo Legal Guide).
  Understand your options if your plans change after entering on ESTA.
• FY2023 DHS Overstay Report (PDF).
  Data on entry, exit, and overstay trends to give context around compliance and enforcement.
• Unauthorized Employment Policy (USCIS).
  Official definition and examples of what counts as working without authorization.
• Adjustment of Status and ESTA Rules (CitizenPath)
  Clear explanation of why ESTA does not allow you to switch to another visa after arrival.

About the Author

Patrick Findaro is the Founding Partner of Visa Franchise, the trusted provider of U.S. immigration solutions for entrepreneurs and professionals. With over 15 years of experience, including his start at JPMorgan managing a $2 billion credit portfolio, Patrick has helped guide hundreds of global clients through complex visa pathways.