What Can a Foreign Worker Do in the U.S. on a Visitor Visa or ESTA?

Mia Giacomazzi
Jun 13
3 min read

If you’re a growing U.S. business with global ambitions—or simply a few foreign stakeholders or team members—you’ve likely faced this question:

Can someone come to the U.S. and “work” on a B-1 visa or ESTA?

The short answer: Yes—but only in very specific, pre-defined ways.

As a U.S. immigration attorney working with emerging and mid-sized businesses, I often guide clients through this gray area. Many companies don’t yet have a full-scale immigration program—but are growing into one. That’s where I come in, as a fractional immigration counsel, helping businesses manage immigration strategically and compliantly across the U.S. and globally.

Let’s break down what’s possible—and what’s not—when it comes to “working” in the U.S. on a visitor visa.

📌 What is a B-1 Visa or ESTA?

The B-1 visa (or ESTA for citizens of Visa Waiver countries) allows foreign nationals to enter the U.S. for temporary business purposes—but not for traditional employment.

This includes:

Attending meetings or conferences
Negotiating contracts
Conducting market research
Setting up a U.S. entity
Installing or servicing equipment sold by a foreign company to a U.S. buyer

But it does not include working for a U.S. company, being paid by a U.S. source, or engaging in hands-on labor not directly tied to a foreign business interest.

⚠️ “Work” is Allowed—But Only in Very Specific Contexts

Here are a few legitimate and strategic ways a foreign national can “work” in the U.S. on a visitor visa—with proper structure and advance planning.

1. Short-Term Entry for Setting Up a U.S. Business

If you’re a foreign entrepreneur exploring the U.S. market, you may come to:

Lease office space
Hire employees
Negotiate contracts
Open a bank account

These activities are permissible under a B-1, especially if the goal is to prepare for a future E-2 or L-1 visa, or even an EB-5 green card through investment. The visit must be temporary in nature, and structured carefully to avoid unauthorized employment.

2. Installing or Servicing Foreign Equipment

If your US company purchases a complex piece of machinery from a company abroad, or if your company abroad sells a product or service to a U.S. customer—say, a high-tech machine, software system, or specialized service—then the foreign employees may enter on a B-1 to:

Install the equipment
Train U.S. staff
Provide after-sales service

This is allowed only if the service is part of the original foreign sale, and the foreign national remains on foreign payroll. U.S. immigration counsel should review any related contracts before they are finalized to ensure compliance.

3. The B-1 in Lieu of H-1B: A Short-Term Solution for Specialized Workers

In limited circumstances, a foreign professional with H-1B-level qualifications may be granted a B-1 in lieu of H-1B visa.

This is useful when:

A U.S. company needs a foreign worker’s expertise for a short project (typically 6 months or less)
The worker remains employed and paid by the foreign company
The nature of the work meets H-1B standards (specialty occupation requiring a degree or equivalent)

Example: A German software engineer employed by a Berlin firm visits a U.S. partner to contribute to a technical integration project for three months. She remains on German payroll and performs H-1B-type services under B-1 in lieu of H-1B, with advance visa approval at a U.S. consulate abroad.

Note: ESTA travelers are not eligible for this category—it must be a B-1 visa obtained in advance, and should be thoroughly documented.

4. Laying the Groundwork for an L-1 or E-2 Visa

Short-term B-1 visits may help a company establish a new U.S. office or explore investment opportunities, paving the way for:

An L-1 visa for intra-company transfers
An E-2 visa for treaty investors
Long-term business immigration strategy

As always, consult immigration counsel in advance to ensure visits are purpose-specific and compliant.

🧠 Key Takeaway: Plan First. Act Second.

If you’re a U.S. company working with foreign partners, vendors, or executives, it’s critical to involve your immigration attorney before:

Signing cross-border contracts

Booking travel
Launching operations with international staff

The wrong step—even with good intentions—can jeopardize future visa eligibility and trigger compliance risks.

💼 How I Help: Fractional Immigration Counsel for Growing Companies

At Denizen Immigration, we work as a strategic partner to businesses that are just starting to navigate the immigration landscape. Whether you have one foreign hire or are expanding internationally, our team, lead by Mia Giacomazzi will: