Permanent US Tourist?

Question

I’m from the Netherlands. I’m self employed, my work is online-based and is a legal, taxed company in that country. Now I’m interested in staying in the US on a long-term basis (as a tourist).

What I thought of doing was simply booking say an 89-day stay in the US, then leaving for a few days (back to the Netherlands), then returning. Is this possible? I’m asking because the last time I entered the States, the immigration officer at the airport seemed to be calculating my total number of days that year, so I feel like there is a possibility that they’re like “no.” So my question is, is there a limit (per year) as to how often I can re-enter the US in this way?

I’ve tried looking this stuff up, but everywhere I look I get the same 90-days-then-leave spiel. I know this, but I need to know if this is going to work long-term. Like I said, I won’t be working in the US, just living as a kind of permanent tourist.

I really appreciate any insight here.

Answer 1

First things first - if your company is "online", and you do ANYTHING with it (i.e. touch a keyboard, make a call, deposit funds, etc) while within the borders of the US, you are considered to be "working in the US". This means you cannot enter on a tourist visa at all - it MUST be a business class visa (probably a B1, since you're self-employed).

For taxation purposes, the US government applies the rule of "residency".

If you are in the country for more than 180 days in a calendar year, or are in the country for more than 180 days in a three-year period (all the days from current year, plus half the days from previous year, plus one-fourth the days from the year before that), you automatically have to file income tax in the United States - at the US rate - for your WORLDWIDE income. Note: this is for personal (i.e. salary and expenses) income, not the corporate earnings of your online company.

As you are from the Netherlands (which is, as far as I know, NOT a country with which the US has a tax treaty), you will ALSO have to pay all your Netherlands taxes at the Netherlands rate on both your personal and corporate earnings (although they may only require you to report Netherlands income, and not require you to report worldwide income!).

There is also a limitation on total number of days available in a calendar year for 'tourist' visas. This happens (by chance?) to be 180 days; which means you can get a 90-day visa and then leave, only to return for another 90 days. You then have to wait at least six months before re-applying for entry ... in other words, you have to wait for the first visit to be removed from the revolving one-year window.

By the way - this same scenario applies for Canada as well. Including the residency clause and taxation on worldwide income.

Answer 2

If you leave just before your visa expires then reenter you are probably going to be denied entry.

I had an aunt who came to work to the US with a tourist visa (aka illegal) went back home before her visa expired tried to come back in and was allowed but she tried to do it again and this time she was denied entry and her visa was terminated and is unable to visit for at least 10 years.

Given that you are from the netherlands (a first world country) I dont think you will have a problem asking for a work or residence visa why not try that first?

Answer 3

I think if it amounts to fraud they'll get you eventually, even though I don't know of an actual limit. The IRS will want to consider your income 'US based' and taxable, which is fair, isn't it? If you are really living here and using police/streets/possibly schools?

I've worked on deals with people from the UK where we went back and forth quite a bit, without problems, however, it was never that sort of 'leave for a day and return' strategy.

Answer 4

So, you only work on your business when you are out of the US? I'll bet not.

If you want all of the benefits of living in the US, then you must become a citizen and pay the taxes. There is no such thing as a "permanent tourist."

.

Answer 5

Since H1B requires employer sponsorhip, you might think about one of the other visa types like a B visa. I'm blanking on the specifics, but you might look into whether you're eligible for something like a B1 visa. I'm sure travel.state.gov or uscis could help more.

Answer 6

I hope not
if you are based online it doesn't matter where you are.