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Can I work in the US on a B-2 tourist visa or ESTA?

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No. The regulation says a B-2 visitor for pleasure may not engage in any employment, and the law's visitor category excludes people coming to perform skilled or unskilled labor. Visa Waiver (ESTA) travelers are admitted in the same visitor category. The State Department's manual says all B-1/B-2 travelers are precluded from performing productive labor.

Key facts

What The law says Source
B-2 visitor for pleasure May not engage in any employment 8 CFR 214.1(e)(1)
Who counts as a visitor Someone with a foreign residence they don’t intend to abandon, visiting temporarily for business or pleasure; people coming to perform skilled or unskilled labor are excluded 8 U.S.C. 1101(a)(15)(B)
Visa Waiver (ESTA) travelers Admitted as visitors under 8 U.S.C. 1101(a)(15)(B) for up to 90 days; may not engage in activities inconsistent with visitor status 8 U.S.C. 1187(a)(1); 9 FAM 201.1-4(C) e(1)
Other nonimmigrants (including B-1) No employment unless the classification authorizes it or permission to work was granted 8 CFR 214.1(e)(1)
State Department guidance All B-1/B-2 travelers are precluded from performing productive labor or actively managing a business while in B status 9 FAM 402.2-5(C)(7)
B-2 doing business activities Not allowed: a B-2 visitor may not engage in B-1 business activities CBP B-1 FAQ, question 18
If you work without authorization It is a failure to maintain status; USCIS says it makes you “out of status” 8 CFR 214.1(e)(2); USCIS I-539 page
Future ESTA trips A past failure to comply with the conditions of a Visa Waiver admission disqualifies you from the program 8 U.S.C. 1187(a)(7)

What the law and regulations say

The law defines the visitor category (B) as people who keep a residence abroad and come temporarily for business or for pleasure. It excludes anyone coming to study or to perform skilled or unskilled labor.

The regulation is direct for tourists: a B-2 visitor for pleasure “may not engage in any employment”. For every other nonimmigrant, including B-1 business visitors, employment is allowed only if the classification authorizes it or permission to work was granted. Unauthorized employment counts as a failure to maintain status.

ESTA is the same visitor category

The Visa Waiver Program does not create a separate status. The law describes Visa Waiver travelers as visitors under the same B definition, admitted for no more than 90 days. The State Department’s manual adds that they may not engage in activities inconsistent with visitor status.

Business visitors (B-1)

CBP’s guidance says a B-1 visitor may, for example, negotiate contracts, consult with business associates, attend board meetings of a US corporation, litigate, attend conferences and undertake independent research, generally as long as you are not receiving compensation from a US employer or business. CBP also says a B-2 visitor may not do these B-1 business activities. The State Department’s manual says all B-1/B-2 travelers are precluded from performing productive labor while in B status.

What about remote work for a foreign employer?

None of the sources on this page mentions remote work, telework or digital nomads specifically. They state the general rules above.

What happens if you work anyway

The regulation says unauthorized employment is a failure to maintain status. USCIS’s guidance says that if you have violated the terms of your status, “such as by working without authorization”, you are out of status, and USCIS then cannot change your status except in limited circumstances beyond your control. For Visa Waiver travelers, the law bars later use of the program if you failed to comply with the conditions of a previous Visa Waiver admission.

Sources

  1. 8 U.S.C. 1101(a)(15)(B) (INA § 101), Definitions: visitors for business or pleasure (US Code, 2024 edition, GPO) checked 2026-10-25
  2. 8 U.S.C. 1187 (INA § 217), Visa waiver program, subsections (a)(1) and (a)(7) (US Code, 2024 edition, GPO) checked 2026-10-25
  3. 8 CFR 214.1(e), Employment (eCFR, current as of 2026-10-22) checked 2026-10-25
  4. 9 FAM 402.2, Tourists and Business Visitors – B Visas, 402.2-5(C)(7) (U.S. Department of State, Foreign Affairs Manual, CT:VISA-2193, 03-19-2026) checked 2026-10-25
  5. 9 FAM 201.1-4(C), VWP Traveler Eligibility Requirements, paragraph e(1) (U.S. Department of State, Foreign Affairs Manual) checked 2026-10-25
  6. CBP: B-1 Permissible Activities FAQ (updated January 2026), questions 1 and 18 checked 2026-10-25
  7. USCIS: I-539, Application to Extend/Change Nonimmigrant Status, section When to File checked 2026-10-25

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This is general information, not legal advice, and Lumen is not a law firm. Rules change and offices differ: check the official sources above before you act. Found something wrong or out of date? Write to support@lumen.observer.