# AI tells a B-1/B-2 visa holder they can work remotely for a US employer while visiting the US, or that incidental work is allowed

- **ID:** `visa/us-b1-b2-remote-work`
- **Domain:** visa
- **Category:** immigration_risk
- **Error Code:** `INA-214(b)-B`
- **Verification:** ai_generated
- **Fix Rate:** 70%

## Root Cause

B-1/B-2 visitor visas strictly prohibit any gainful employment in the US, including remote work for a US-based employer, as the Immigration and Nationality Act (INA) Section 214(b) requires a clear non-immigrant intent and no unauthorized work

## Version Compatibility

| Version | Status | Introduced | Deprecated |
|---------|--------|------------|------------|
| USCIS Policy Manual 2025 | active | — | — |
| INA § 214(b) | active | — | — |
| 9 FAM 402.2-5 | active | — | — |

## Workarounds

1. **Switch to an L-1 or H-1B visa if employed by a US company, or apply for a B-1 in lieu of H-1B for short-term project-based work (e.g., attending meetings, not coding daily). For true remote work, stay outside the US and use a tourist visa only for tourism.** (75% success)
   ```
   Switch to an L-1 or H-1B visa if employed by a US company, or apply for a B-1 in lieu of H-1B for short-term project-based work (e.g., attending meetings, not coding daily). For true remote work, stay outside the US and use a tourist visa only for tourism.
   ```
2. **If already in the US on B-1/B-2, stop all work immediately and file a change of status to a work-authorized visa (e.g., H-1B, L-1) via Form I-129, but this is complex and requires employer sponsorship.** (40% success)
   ```
   If already in the US on B-1/B-2, stop all work immediately and file a change of status to a work-authorized visa (e.g., H-1B, L-1) via Form I-129, but this is complex and requires employer sponsorship.
   ```

## Dead Ends

- **** — Claiming remote work is 'incidental' or 'de minimis'—USCIS and CBP do not recognize a de minimis exception for B-1/B-2 remote work (95% fail)
- **** — Assuming using a VPN or foreign laptop hides activity—CBP can inspect devices at entry and ask about work plans; lying is fraud (90% fail)