As remote work continues to reshape the global workforce, the rise of the digital nomad has added a new layer of complexity to corporate mobility and compliance. Professionals increasingly travel with laptops in hand, blending business travel with remote work, often without realizing the immigration risks involved.
For business visitors entering the United States or Canada, even short periods of remote work can blur the lines between permitted activities and unauthorized employment. Immigration law remains jurisdiction-specific, and business visitor status is not a free pass for working remotely.
Business visitor status: Clear purpose, narrow scope
The U.S. B-1 visa and Visa Waiver Program, and Canada’s Business Visitor category, are designed for defined, short-term business activities such as attending meetings, negotiating deals, marketing, and conferences. These categories do not permit foreign nationals to engage in employment.
In Canada, incidental remote work and digital nomad activity are expressly permitted, provided the individual is working for a foreign employer and is not entering the Canadian labour market. However, there is no dedicated immigration category for digital nomads. Individuals in this situation are treated as business visitors and must meet the same requirements, including the temporary nature of their stay and the absence of direct engagement with Canadian clients or employers.
In contrast, the United States has no official guidance or regulatory framework addressing remote work or digital nomads. This legal grey area makes compliance more complex and increases the risk of misinterpretation at the border. U.S. U.S. immigration officers exercise broad discretion, and travelers may be denied entry if their stated purpose appears to fall outside the permitted scope of business visitor status. In more serious cases, individuals may face detention, removal, or future inadmissibility if their activities are deemed to constitute unauthorized employment.
What may be acceptable
Incidental remote work, such as checking email or attending virtual meetings, is generally tolerated in both countries when it is clearly secondary to the purpose of the visit. The employer must remain based outside the host country and the traveler must not receive compensation from within the country or perform services for local clients.
Digital nomads who attempt to live and work temporarily from the U.S. or Canada under business visitor status may face heightened scrutiny and increased risk of refusal.
Beyond immigration: Broader compliance considerations
Remote work also intersects with other areas of cross-border compliance. Even when immigration requirements are met, remote work from abroad can trigger tax liabilities or permanent establishment exposure. It may also create obligations under local employment law, introduce complexities in compensation and benefits, and raise concerns about data privacy and cybersecurity.
Practical steps for employers
To manage these risks effectively, employers should take a proactive approach. Business visits must align with the permissible activities under visitor status. Travelers should be equipped with clear documentation outlining the purpose of their visit and confirming they remain employed and paid abroad. Education is also key. Employees should understand how to describe their visit accurately and avoid triggering unnecessary concern at the border. For longer or recurring remote work arrangements, companies should explore formal work authorization pathways.
Final word
The digital nomad trend is accelerating but immigration frameworks have not kept pace. Canada offers more transparency in accommodating remote workers within its business visitor framework, but the obligations remain. In the U.S., the absence of clear rules makes immigration compliance even more critical. Remote work may be location-flexible but legal obligations are not. Understanding and respecting the limits of business visitor status is essential for protecting both the traveler and the organization. In today’s mobile world, compliance must be intentional and informed.
The information in this publication is current as of May 23, 2025.
This publication has been carefully prepared, but it has been written in general terms and should be seen as broad guidance only. The publication cannot be relied upon to cover specific situations and you should not act, or refrain from acting, upon the information contained therein without obtaining specific professional advice. Please contact BDO Canada LLP to discuss these matters in the context of your particular circumstances. BDO Canada LLP, its partners, employees and agents do not accept or assume any liability or duty of care for any loss arising from any action taken or not taken by anyone in reliance on the information in this publication or for any decision based on it.