Business travelers will naturally prefer to travel to the US visa-free, since this requires substantially less planning, expense and effort than having to obtain a US visa.

However, only qualifying individuals may take advantage of the Visa Waiver Program (VWP). Among the eligibility requirements for the VWP is that the individual is a national of a qualifying VWP country, that have been granted ESTA approval and that they will stay in the US for no longer than 90 days.

Another key criterion for visa-free travel to the US is that the purpose of travel must fall within the ESTA permissible activities. While some business activities are allowed, these are relatively narrow in scope, and the rules prohibit gainful employment.

Business travelers should also be aware that when entering the US with ESTA, they may be questioned at the border as to their reasons for travel and be required to present evidence of their planned activities. If the border official is not satisfied that the purpose of your visit complies with the ESTA business rules, you may be denied entry.

If you are not eligible to travel under ESTA for business, you would need to consider which US visa would be appropriate for your circumstances.

In this guide, we set out some of the common questions about ESTA business rules. If you are unsure about what permission you need, and to avoid issues at the border that may impact future US travel, take advice before traveling.

 

What are the ESTA business rules?

 

As working practices have become more fluid and workers more globally-mobile, the ESTA business rules can be confusing to interpret.Y ou may also come across conflicting anecdotes and experiences. We hear travelers report that a CBP helpline or an individual officer told them remote work for a foreign employer is fine, while others have been refused entry for the same plan.

Under 9 FAM 402.2-2(F), the State Department makes it clear that travelers admitted under the Visa Waiver Program in WB (waiver business) status are treated exactly like ordinary B-1 business visitors, and must follow the same rules and activity limits.

According to 9 FAM 402.2-5(B), the only permissible activities for B-1/WB visitors are narrowly defined business-visitor tasks, such as contract negotiations, consultations, attending conferences,or conducting independent research. Local “employment or labor for hire” is expressly excluded.

Complementing this, 9 FAM 402.2-5(F)(1) bars visitors from receiving any salary or remuneration from a US source, allowing reimbursement only for reasonable incidental expenses incurred during the stay.

Collectively, these sections confirm that ESTA/B-1 travel is meant for short, incidental business purposes, not for paid work that would otherwise require a proper US work-authorized visa.

 

 

FAM section	Summary of rule
9 FAM 402.2-2(F)	Clarifies that travelers admitted in WB status under the Visa Waiver Program are treated the same as B-1 business visitors and must comply with the same eligibility and activity limits.
9 FAM 402.2-5(B)	Lists the exclusive set of activities permitted to B-1/WB visitors—negotiations, consultations, conferences, independent research—and states that local “employment or labor for hire” is not allowed.
9 FAM 402.2-5(F)(1)	Prohibits any salary or remuneration from a U.S. source, allowing only reimbursement of reasonable incidental expenses during the temporary stay.

 

 

Even where ESTA is granted, this does guarantee entry into the US. Where immigration officials are not satisfied that your plans fall within the permitted activities for visa-free travel, you may be refused admission into the US, with no rights for an appeal. This refusal will be filed on your records and could lead to issues with any future US immigration applications or attempts to enter the USA. As such, if you’re planning to travel on business, it’s important to ensure your reason for travel is permitted under the VWP, and where not eligible, that you secure the relevant visa in advance of travel.

 

 

Permissible ESTA business activities

 

The FAM speaks in abstract terms (“intercourse of a commercial character,” “foreign remuneration”), so in practice, this can be confusing and vague for travelers to decipher and apply to their circumstances.

Under ESTA’s “WB” (waiver business) status, you may enter the United States for up to 90 days to attend meetings, negotiate contracts or perform other short-term, incidental business activities on behalf of a non-US employer, so long as your payroll and the primary benefit of the work remain abroad and you receive no US wages or remuneration.

As such, provided you hold valid ESTA authorization, the following activities will be permissible for visa-free travel to the US:

 

• Attending business meetings
• Consulting with business associates
• Attending business convention, conference or trade show as a delegate
• Negotiating contracts
• Project scoping
• Attending short training programs
• Tourism
• Visiting relatives

 

In practice, this means you would generally be permitted to carry out brief, incidental business-related activities, such as checking a few work emails, joining a one-off work call, or attending a conference, meeting suppliers, negotiating contracts, inspecting US facilities on behalf of a foreign parent company.

Carrying appropriate paperwork with you when you travel, supporting your planned activities, accommodation and travel arrangements is recommended as you may be asked questions at the port of entry. Examples could include a letter from your employer on company letterhead, detailing your itinerary and reason for travel.

 

Topic	Core rule
Employment in the US	Any productive work performed on US soil is generally barred unless you hold a work-authorized status.
Paid by a foreign employer	Being on a foreign payroll helps but it is not enough: the work must benefit the foreign enterprise and be truly incidental to your visit. Routine day-to-day job duties still count as “working in the United States.”
Remote work (digital-nomad model)	Ongoing remote work for any company (US or foreign) is treated as prohibited employment, because the labor is taking place in the United States.
Incidental business activity	Visitors may do short-term “business-visitor” tasks (meetings, negotiations, fact-finding, training) so long as they remain employed and paid abroad and the task is tied to international trade/commerce.
ESTA equals the B-1 rules	The Visa Waiver Program admits you in “WB” (waiver business) or “WT” (waiver tourist) status, which is treated identically to B-1/B-2 for permitted activities.

 

ESTA non-permissible business activities

 

If entering the USA visa-free, travelers are not authorized to carry out productive work, regardless of where the employer is located. This means you cannot work or undertake paid or gainful employment or study during your period of ESTA stay.

Full-time remote work, hands-on labor, freelance gigs or any ongoing activity, regardless of who signs your paycheck, that is performed from within the United States or primarily benefits a US entity is considered unauthorized employment and therefore requires proper work authorization.

For example, it’s not generally permissible under ESTA to carry out freelance gigs or platform work (Upwork, Fiverr, influencer content, YouTube monetisation, etc) while in the US, or to perform work activities such as coding, designing, customer-support shifts, sales calls, marketing campaigns or any other normal job duties for your foreign employer while sitting in a US home, hotel or café.

Independent business owners or freelancers should therefore be cautious if traveling for business with ESTA. While attending conferences or networking events is acceptable, performing work for a US client or receiving compensation from a US entity would be considered unauthorized employment.

ESTA also does not permit you to carry out weeks- or months-long “work-from-anywhere” stays, in which you put in full workdays for your overseas company, even though you’re paid abroad and serve foreign clients.

Conducting leadership and management training seminars or other training events, is also not permissible under the VWP.

For any of these activities, you would need to apply for the relevant US visa.

 

Can you work in the US on an ESTA?

 

ESTA does not permit actual employment or work in the US. Engaging in hands-on work, receiving direct payment from a US employer, or performing services that benefit a US-based company is not allowed.

Likewise, full-time remote work for any employer while you’re physically in the United States is treated as unauthorized employment under ESTA/B-1 rules. Only brief, incidental tasks, such as checking a few urgent emails for your foreign office, may be permissible, and even those should be kept to a minimum.

Prohibited work arrangements under ESTA include:

 

• Direct Employment by a US Company – Any work performed for a US employer, whether full-time, part-time, or freelance, is not allowed under ESTA. If compensation comes from a US entity, a proper work visa is required.
• Paid Services for a US Client – Freelancers, consultants and contractors cannot enter the US under ESTA to perform work for US-based clients, even if the payment is processed abroad.
• Engaging in Hands-on or Productive Work – ESTA does not allow visitors to perform work that benefits a US-based company, whether on-site or remotely while physically present in the US.
• Internships or Training with Hands-on Experience – ESTA does not permit participation in unpaid internships or any training that involves practical work.

 

Violating these restrictions can lead to denial of entry, removal or future ineligibility for ESTA or other US visas.

 

 

 

ESTA or visa for business travel?

 

Choosing between ESTA and a formal US business visa will depend on your nationality, length of stay and the purpose of your trip.

ESTA is fast, cheap and valid for two years, but each entry, stamped “WB” (waiver business), is capped at 90 days and covers only incidental activities: meetings, contract negotiations, trade-show visits, site inspections or short trainings carried out on behalf of a foreign employer. Payroll must remain abroad, no US wages may be accepted, and any hands-on labor or prolonged remote work is strictly off-limits.

As alternatives, the B-1 visa allows stays of up to six months, although the same “no local employment” rule applies. For projects that clearly benefit a US company, involve payment in dollars, or require day-to-day production (coding, design, after-sales installation), neither ESTA nor B-1 will suffice; you must obtain the appropriate work-authorized status such as H-1B, L-1, O-1, E-2/E-3 or TN.

If you ESTA application is denied, you cannot travel visa-free and cannot appeal the decision. You will instead have to apply for a relevant US visa, such as the B-1 business visitor visa, and potentially also a waiver of inadmissibility if the denial was on the grounds of a past criminal conviction.

 

How long is ESTA valid?

 

If you have been granted ESTA approval, it will last two years or up to the date of your passport’s expiry, whichever is earlier. This means you can travel to the US under the VWP for multiple trips, provided your passport remains valid and your reason for travel is within the permissible activities.

Each individual stay can be no longer than 90 days and you cannot spend more than a total of 180 days in year in the US under the VWP.

Importantly, ESTA does not grant the holder permission to remain in the US for two years.

If your ESTA validity expires during your time in the US, this will not affect your 90 day period of stay.

However, remaining in the US beyond your ESTA permitted stay of 90 days will be deemed overstaying and is likely to impact your future US immigration applications.

 

Can you renew ESTA authorization?

 

Once you have been granted entry into the US under the VWP, your authorization period begins on this date. It will not be possible to apply to extend the 90-day limit, or to change your status by applying for a US visa, from within the US. You must leave the US on or before the date stated on your admission stamp.

If you intend to make a new visa application or to reapply for ESTA, you will have to do this from outside the USA.

 

Can you reset the clock on the 90-day limit?

 

Leaving the US temporarily every 90 days is not an approach that would generally be advocated. It is likely to raise questions at the border as to your intentions and planned activities while in the US being within the scope of the VWP.

Note also that you cannot reset the 90-day ESTA clock by leaving the US for a neighboring country such as Canada or Mexico and returning shortly after. This time will be counted within the ESTA authorization period.

 

ESTA & frequent US business trips

 

Frequent ESTA travelers may find they attract the attention of border officials. If you are questioned, you will need to present evidence to show your activities fall under the VWP.

If you are uncertain about your eligibility and use of ESTA for business purposes, taking advice will help to avoid issues at the border or disruption to your planned activities. In some cases, this may mean making an application for an appropriate visa before you travel, for example, if you are a media professional travelling on assignment. For advice on your circumstances, contact our specialist US business immigration attorneys.

 

ESTA eligibility requirements

 

To be able to travel visa-free under the Visa Waiver Program (VWP), you must meet all of the following requirements to secure ESTA authorization:

 

• be planning to travel to the US for business purposes for less than 90 days
• be a citizen or national of one of VWP eligible countries, including the UK
• hold a valid and machine-readable e-passport, with an electronic chip
• hold a return or onward ticket if entering the US by air or sea
• not be ineligible to receive a visa under US visa law.

 

If you’ve ever been arrested, convicted or cautioned, even if a conviction is spent, or if you’ve been refused admission or deported from the US, have previously overstayed on the VWP or have a serious communicable illness, you’ll not be eligible to travel visa-free.

Similarly, if you’ve travelled to, or have been in Iran, Iraq, Libya, North Korea, Somalia, Sudan, Syria and Yemen on or after 1 March 2011, or to Cuba from January 12, 2021, you’ll also normally not be eligible for a visa waiver.

If you’re not eligible to travel visa-free, or your ESTA application has been denied, in most cases you’ll require a B-1 visa. This is a nonimmigrant visa to temporarily travel to the US to engage in unpaid business activities of a commercial or professional nature, with an initial stay of up to a maximum of 6 months.

A B-1 visa holder is defined as an overseas national, other than one coming for the purpose of either study, or performing skilled or unskilled labour, or as a representative of foreign information media coming to engage in such vocation, having a residence in another country which they have no intention of abandoning and who is visiting the US temporarily for business. To be eligible for a B-1 visa, you must therefore be able to show that:

 

• the purpose of your trip is to come to the US for business of a legitimate nature
• you have sufficient funds to cover all your expenses
• you plan to stay in the US for a limited period of time only
• you have a residence outside the US, and other binding ties, ensuring your return home.

 

Find out more about the B1 visa here > 

 

Need assistance?

 

NNU Immigration are US immigration attorneys. We provide specialist advice on all aspects of US travel, including ESTA applications and guidance on specific circumstances such as ESTA eligibility for business travel. For expert advice, contact us.

 

ESTA Business FAQs

 

What is an ESTA business trip?

An ESTA business trip allows travelers from Visa Waiver Program countries to visit the US for permissible business-related activities without a visa.

 

What business activities are allowed under ESTA?

Travelers can attend meetings, conferences, training sessions and negotiate contracts but cannot engage in hands-on work or employment.

 

Can I work for a US company while on an ESTA business trip?

Employment or direct work for a US company, whether paid or unpaid, is not allowed under ESTA. You would need the appropriate US visa.

 

Can I receive payments from a US company while in the US on ESTA?

Any form of compensation from a US source while in the country on ESTA is considered unauthorized employment.

 

Can I work remotely while on an ESTA business trip?

Full-time remote work from inside the United States, even for a non-US employer, is not safely covered by ESTA or the standard B-1 visitor classification. Take advice on your circumstances to avoid potential issues.

 

How long can I stay in the US on an ESTA business trip?

The maximum stay allowed under ESTA is 90 days per visit.

 

Can I extend my stay under ESTA?

ESTA does not allow extensions. You must leave the US before the 90-day period ends.

 

Can I travel to the US multiple times on ESTA for business?

Yes, but frequent trips may raise questions about your intent and whether you are conducting unauthorized work.

 

Do I need a return ticket for my ESTA business trip?

Travelers must have proof of onward or return travel when entering the US.

 

What happens if I overstay my ESTA business trip?

Overstaying can lead to ESTA revocation and future travel restrictions to the US.

 

Can I apply for a work visa while in the US on ESTA?

ESTA does not permit a change of status. You must leave the US and apply for a work visa from abroad.

 

Glossary

 

 

Term	Definition
ESTA (Electronic System for Travel Authorization)	A travel authorization allowing visitors from Visa Waiver Program (VWP) countries to enter the US for short-term business or tourism without a visa.
Visa Waiver Program (VWP)	A program that allows citizens of specific countries to travel to the US for up to 90 days without a visa for business or tourism.
Business Activities	Permitted tasks under ESTA, including attending meetings, conferences, training, and contract negotiations without engaging in employment.
Employment Prohibition	A restriction under ESTA that prevents travelers from working for a US employer or receiving payments from a US company.
Remote Work	Working for a non-US employer while in the US.
Authorized Stay	The period a traveler can remain in the US under ESTA, which is limited to a maximum of 90 days per visit.
Return Ticket Requirement	A rule stating that ESTA travelers must have proof of onward or return travel before entering the US.
Overstay Consequences	Penalties for staying in the US beyond the allowed ESTA period, which can include revocation of ESTA and future travel restrictions.
Multiple Entries	ESTA permits multiple visits to the US, but frequent trips may trigger scrutiny from immigration officials.
B-1 Visa	A business visa required for activities not allowed under ESTA, such as extended business stays or employment-related tasks.
US Customs and Border Protection (CBP)	The agency responsible for screening ESTA travelers upon entry to the US.
Visa vs ESTA	A visa allows longer stays and more flexibility, while ESTA is for short-term visits with strict restrictions.
Change of Status Restriction	ESTA does not allow travelers to switch to another visa category while in the US. A new visa must be obtained from outside the country.