US Visa Options for Freelancers, the Self-Employed & Influencers

The shift toward freelancing and self-employment was already underway, and the COVID pandemic sped it up. More and more people want to shape their careers free of the ties of a traditional employment relationship. The classic nine-to-five job with one employer fits less and less with today's widespread new ways of working. Artists and influencers in particular often work on several projects at once and are paid accordingly.

Naturally, more and more freelancers are looking to move to the USA and work there on the ground. But they soon discover that there is no such thing as a US “work visa” for freelancers.

The USA has a clear interest in protecting American workers and making sure foreign nationals do not arrive without a specific job. As a result, the immigration system does not really keep pace with the growing trend toward freelance work.

So what options do freelancers have in the States? Is there a realistic chance of a US visa that lets you work freelance in the USA?

Read more about living and working in the USA here.

1The visa options for freelancers

Freelancers usually work for a range of companies and clients. That is exactly what makes US immigration law a challenge, because most work visas are tied to one company and are therefore unsuitable, or only partly suitable, for the self-employed.

In most cases, freelancers in the States depend on the backing of an active US company or agency. Still, there are a few visa categories that do allow self-employed work. Here are some possible scenarios.

1.1O-1 visa

Taking on one job after another from different clients, with no fixed schedule or workload, the way freelancers do in Europe, is not possible under current US immigration law. Of the options open to the self-employed, though, the O-1 is certainly the most flexible. It suits anyone willing to accept a little more structure who has a specific engagement in the USA.

The O-1 visa is designed for people with extraordinary ability in science, the arts, education, business or similar fields. To apply, however, you need specific projects with established clients or, for artists, an agent. If you have a client, they sponsor the O-1 and you may live and work in the States for the length of the project. If you apply through an agent, you can then take on work from various clients in the USA. The order matters: first the client or agent, then the visa. So freelancers, influencers and the like cannot simply move to the USA on an O-1 and start looking for work once they arrive.

Here is a real-world example: you are a freelance fashion designer working on a project with an American fashion house. The US company becomes your visa sponsor and can then decide whether to employ you or engage you as a freelancer. Under the O-1, you may then work only for that fashion company. If you land another engagement in the USA, the second employer files another visa petition. That way you can work for as many clients as you like at the same time.

For artists, US immigration law allows the O-1 visa to be sponsored by an agent, who either represents one or more employers or acts as the employer. This lets self-employed artists take on several projects at once with an O-1. The engagements are submitted with the visa petition and can be updated later if needed.

You will find more details on the O-1 visa on this page. To see how it works in practice, read our case study on how an influencer secured her O-1 visa.

1.2H-1B/E-3 visa

Both of these options also require a US company as sponsor; a foreign freelancer cannot apply on their own. Unlike the O-1, these categories also require you to be employed by the company like any regular staff member, including paid vacation and similar benefits.

The H-1B rules focus heavily on maintaining the employment relationship between employer and visa holder. There is some room to maneuver, though: as with the O-1 visa, you can apply for H-1Bs for several part-time positions, which lets you take on projects from different clients at the same time. Still, it is hardly what a freelancer would call flexible.

Find out exactly how the H-1B visa lottery works here.

1.3B-1 visa

The B-1 visa is for anyone visiting the USA for business purposes, including business trips. Freelancers and self-employed people in research and design, growth, manufacturing and production, marketing, sales, distribution or customer service may travel to the States on a business visa but may not take up work there: permitted activities are those whose place of business and profits are abroad. You must also have no intention of settling permanently in the USA. The visa is issued for 6 months and can be extended. That makes the B-1 a good fit above all for freelancers who want a limited taste of North America.

1.4E-2 visa

The E-2 is for people who invest substantial capital in their own US business and then run it themselves in the USA, or who want to send key employees (of the same nationality) to the USA. So if you want to move to the USA from Europe and run your own company there, the E-2 first requires you to invest substantial capital in that very company.

Depending on how the company is structured, an investor on an E-2 can also work for several clients at once. The only requirement is that all engagements serve the purpose of the original investment. If, for example, you set up a service company offering HR consulting, the visa holder may advise several firms at the same time through the E-2 company. Those firms pay the business for the work, and the business pays the E-2 employee a salary. So if you are self-employed and plan to set up your own company in the USA and grow it, the E-2 visa is an option that, depending on your industry, also allows flexible work for multiple clients.

Detailed information on the E-2 visa and the required investment in the USA is available on this page.

1.5E-2, E-3 or L-2 visa

Spouses of E or L visa holders can receive a corresponding E-2, E-3 or L-2 and may work in the USA without applying for an EAD (Employment Authorization Document); the I-94 annotated E-2S, E-3S or L-2S serves as proof. You can work for an employer or freelance. So freelancers, influencers and the like benefit when moving to the States if, for example, their partner holds one of these visas.

1.6F-1 OPT

Graduates with a degree such as a bachelor's or an equivalent qualification can do OPT (Optional Practical Training) in the USA and apply for an EAD as part of it. This allows them to work at least 20 hours a week in a field related to their degree. Freelance work is permitted.

2What this means for freelancers

In principle, US immigration law does not favor self-employment, freelancing or life as a digital nomad. But if you already have work lined up, there are several scenarios in which a US company can sponsor your visa.

With the right structure, you will not enjoy quite the flexibility you are used to at home, but you can still work for several clients at once in the USA, even without setting up a company of your own.

If you have the capital, it of course makes sense to build your own business in the States as an investor and take on work flexibly for different clients that way.

And if you do not want to move to the USA at all but simply work through a US company: for a US LLC without a US permanent establishment, our sister firm zerotax.llc is the right place. Our visa overview shows you every visa route at a glance.

Questions about the US health insurance system? Read on here.

Want to travel to the United States without a visa? Find out everything about the ESTA application here.

In short

• There is no dedicated work visa for freelancers in the USA; most work visas are tied to a company.
• The O-1 is the most flexible option, but it requires a client or agent first, then the visa.
• The H-1B and E-3 require employment with the sponsoring company.
• With the E-2 and your own US company, you can work for multiple clients.

How we help you

• Visa RoadmapIn writing: which visa fits you and your family, prepared with the immigration attorney on the firm's team.
• Visa and Green Card ConsultationWhich route to the USA fits you, settled in one conversation.
• Visa Roadmap for Company FormationFormation and visa in one plan, so the company carries the visa.
• Moving to the USAVisa, bank account, taxes and where to live: your move with Mount Bonnell Advisors.