Can I Get a B2 Visitor Extension of Status if I Work Remotely?

Blandon Law became a mostly virtual law firm in November 2019. Before the pandemic. Before WFH (work from home) became the way to see doctors, therapists, financial advisors, and lawyers. Before filing applications with the US Citizen and Immigration Service (USCIS) began to accept applications online. Our clients also work from home, except their “home” is whichever country they are visiting in that moment.

Remote workers can either leave the United States after a visit of six months or request an extension of B-2 visitor status. For example, one client teaches Mexican children remotely, gets paid into a Mexican bank account, but wants to visit as much of the United States for as long as possible. He wants a B2 visitor status extension. While visiting, he will continue his remote work.

Prove Intent to Leave After Visit

For a B-2 visitor extension, our immigration authorities want to know that the noncitizen (a) has a reason for staying, (b) has income to afford the visit, and (c) will leave when the reason is over.  Of these three, a visitor may have the most difficult time proving that they will leave if they work remotely. After all, they can continue to work in the United States indefinitely.

The best way to prove intent to leave is to show what the noncitizen will return to – family in the home country, a IRL job, or purchase of an apartment. Blandon Law attorneys will help each client organize the documents to increase the chance of approval. Everything ends: WFH (work from home) (arrangements, relationships, travel. We help you prove that to USCIS.

How Long Does It Take to Get B2 Visitor Visa Extension?

Surprisingly, USCIS may take 4 months to process a B2 extension of status application. If a noncitizen does not want to spend more than 3 additional months in the United States or does not have the money to invest in the attorney and government fees, leaving is the better option. Leaving is always easier. Staying is for those willing to work for what they need and want.

What is a B-2 Visa: B-2 visitor visas are nonimmigrant visas for persons traveling to United States temporarily for tourism, pleasure or visiting.

Disclaimer – These entries are based on real life events. Family member names, when used, are real. Client names are changed for privacy.

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