Visiting the US? What International Travelers Need to Know About Working and Immigration Rules in 2025

I've recently noticed an uptick of news articles highlighting travelers unexpectedly caught up in U.S. immigration trouble. It surprised many people because these travelers came from countries we don't usually associate with difficulties at the U.S. border—places like Canada, Germany, and other wealthy, traditionally allied countries. For example, there was a case recently reported involving young female backpackers from Germany who were denied entry upon arriving in Hawaii.

So how did this happen, and what can travelers do to avoid a similar fate? Let's unpack this issue together and ensure you’re well-prepared for your next visit to the United States.

A Common Mistake: Admitting You're Planning to Work in the U.S.

The backpackers openly stated to a border agent that during their backpacking trip in the U.S. they might perform some freelance work—from their laptops—for clients outside the United States.

Now, this scenario might seem perfectly harmless at first glance. After all, they didn't have a U.S. employer, they wouldn't interact with the U.S. tax system, and no money would technically be earned from U.S.-based sources. They assumed it would be acceptable.

Unfortunately, that's not how U.S immigration authorities see it. To them, this scenario clearly violates restrictions tied to visitor admissions (such as ESTA and B-1/B-2 visas). The truth is, performing freelance work of any kind—even if your clients are fully abroad and payments never touch U.S. soil—requires explicit U.S. work authorization.

What "Business" Actually Means When Visiting the United States

Travelers often get confused by the term "business" allowed under visitor statuses. When using ESTA or visiting under a B-1/B-2 category as Canadians often do, "business" does NOT mean performing paid freelance jobs.

Instead, "business" typically refers to activities such as:

• Attending meetings or conferences
• Negotiating contracts
• Exploring investment opportunities
• Networking with potential U.S. partners

Explicitly performing paid labor—even indirectly, part-time, online, or similarly minimal tasks—crosses a clear legal boundary.

It’s Not Just Freelancing: Many Common Activities Fall Under Unauthorized Work

It isn't just remote freelance work that can get you into immigration trouble. Here's an important point that often surprises travelers: Common, seemingly harmless situations like these count as unauthorized "work":

• Exchanging services for accommodation (e.g., house-sitting or pet-sitting)
• Babysitting or childcare services
• Volunteering labor on a farm, even if unpaid or paid in cash

Even small exchanges of value ("working for room and board") fall firmly into unauthorized categories from immigration authorities’ perspective. Although people have historically done this without being caught, it remains strictly prohibited. And if questioned by Border Patrol or Customs and Border Protection (CBP), admitting any intention—or any evidence discovered in your phone messages and emails—will almost always lead to refusal of entry.

Is Having a Detailed Itinerary Helpful?

Travelers denied entry sometimes report being asked about their hotel reservations or detailed travel plans. Indeed, detailed travel information can support your case by demonstrating intention to behave as a genuine tourist. However, even a perfectly planned itinerary with hotel bookings cannot overcome the admission or suspicion that you intended to perform unauthorized work.

In the German backpackers' case, even though having hotel reservations would generally help clarify a visitor’s intentions, their admission that they intended to freelance was already insurmountable. When you explicitly indicate plans to perform unauthorized work activity, no level of hotel bookings can outweigh this fundamental barrier.

Changing Times: Why Travelers Are Facing Increased Scrutiny

I understand how unsettling this recent trend can be. Travelers from nations historically treated as low-risk, "friendly" countries are finding themselves under increased scrutiny.

What’s going on? From my viewpoint as an immigration attorney, the message is clear: the U.S. is currently prioritizing strict enforcement of immigration and visa regulations. Authorities may be sending a strong message right now: "We want visitors—but only visitors who follow our rules strictly."

This change of tone stems from the new Trump administration. But whatever the reason, the bottom line remains: Even seemingly minor infractions or misunderstandings could get you denied entry at the border.

So, What Can You Do to Avoid Immigration Pitfalls?

Improve your odds of entry without incident:

1. Do your research. Take time to confirm what visitor categories allow—whether ESTA or the B-1/B-2 visa—and strictly adhere to these allowed activities.
2. Never plan (let alone admit) unauthorized paid activities. Even if it feels minor or indirect, unauthorized labor activities risk denial of entry or even future visa complications.
3. Consult an immigration attorney beforehand. Especially as immigration policies continue to evolve rapidly, getting personalized guidance is incredibly beneficial. A brief consultation before you travel can save stress, time, money, and possible entry denials.

I Still Welcome You—Just Come Prepared!

Despite all this, I deeply wish travelers never had to face these stressful setbacks. I firmly believe that tourists and business travelers enrich our country culturally and economically.

Please keep visiting and experiencing all that the U.S. has to offer. I'd simply recommend doing so with careful, thoughtful preparation and awareness of immigration rules.

When you travel informed, you travel empowered and with peace of mind—exactly how your journey should begin.