Travel to US while working for US business

Question

I am a NZ citizen living in Mexico. I travel regularly to the US (usually just for visiting friends or for shopping).

I have been asked to work for a new US company, either as a remote/foreign employee or as a contractor.

However, due to my regular travel to the US, and due to my proximity the potential to even do short work trips (1-2 weeks), I am concerned that I may cross over what is allowed on my B1/B2 US Visa.

According to @dlanod's answer to Travel to USA while working remotely for US company, the B1 Visa allows for meetings, contract negotiations, training, and conferences, but I don't know whether I would also be allowed to actually visit the offices with my laptop and work for a week (while my family probably sight-sees).

With my B1 Visa am I legally OK to do work in the US for a US based company as a foreign-based employee? Or as a foreign-based contractor?

If relevant, the main reason to work at the offices for a week or two would be because this would enable us to conduct working meetings, so perhaps this fits under "consult with business associates"?

Answer 1

Although you have good intentions, business visa purposes are outlined in this State Department pdf document...

And they state specifically that you cannot accept income from a US based company/entity while visiting on a B1 visa.

Purpose of Your Travel

Conference, meeting, trade show, or business event attendee

About Your Temporary Visit

Will receive no salary or income from a U.S based company/entity. For scientific, educational, professional or business purposes.

Your best bet is to obtain the proper business visa. That is also outlined in the same pdf document:

Purpose of Your Travel

Employment/work

About Your Temporary Visit

Payment, income, salary will be paid to you by U.S. based company or business entity.

Type of Visa

Temporary Worker Visa (H, L, O, P, Q visas and more)

Key Steps – What You Must Do

U.S. employer files petition with USCIS. After petition approval, visa application at U.S. Embassy or Consulate.

And to answer your question...

With my B1 Visa am I legally OK to do work in the US for a US based company as a foreign-based employee? Or as a foreign-based contractor?

If you are receiving income/payment from the US company, then no, you are not allowed to work inside the USA on a B1 visa. You need to have your employer sponsor the correct business visa for you. The State Department suggests petition based H, L, O, P, Q visas.