A common goal of Indian freelancers is to grow their client base abroad, especially in the rich U.S. market.
Let’s explore the regulations, available visas, and doable actions for Indian independent contractors.
Can an Indian Freelancer Work in the USA?
- Freelancing vs. Working in the USA: What’s the Difference?
It is important to differentiate between two situations when thinking about freelancing in the United States; working in person in the United States but working remotely for American clients while residing in India.
The former is entirely legal, while the other demands particular work permissions or visas.
Many Indian freelancers effectively serve American clients without ever having to travel to the country.
But, things become more difficult if you wish to work as a freelancer in the United States because you must apply for a proper visa to do so legally.
Freelance and Remote Jobs in United States – CLICK HERE
Is It Legal for Indian Freelancers to Work for U.S. Clients Remotely?
Yes, Indian freelancers who live in India are able to officially work for American clients.
Cross-border freelancing is popular in the modern digital age, and you can work remotely for clients in the United States without facing any legal hurdles.
- Indian freelancers who wish to succeed in the US market can connect with American clients through websites like Upwork, Freelancer, and Fiverr.
- There are ways to develop a solid clientele without physically being in the United States through LinkedIn and other professional networks.
Can Indian Freelancers Work in the USA Without a Visa?
You will require a valid visa that allows you to work as a freelancer or take on employment if you plan on operating as a freelancer in the United States.
Due to the tight immigration restrictions in the United States, working without the required visa carries serious consequences that can result in deportation and permanent bans from entering the country.
While it is acceptable to work from India for American clients, it is not permitted to freelance in the United States without a valid visa.
To be able to work in the United States after moving here, you must first secure a work visa. Luckily, there are some visa categories for which independent contractors may qualify, however, there are restrictions.
Read: Can Indians Apply for Digital Nomad Visa?
Visa Options for Freelancers Wanting to Work in the USA
1. O-1 Visa
- This visa was created for people who have exceptional talent in the arts, sciences, business, or athletics.
- You may be eligible for this visa if you are a well-known freelancer with remarkable results, but the application procedure is difficult and demands documentation of your extraordinary skills.
2. EB-5 Visa
- Those who spend a sizable sum of money in the United States and generate employment for Americans are eligible for the EB-5 visa.
- This is a better choice for independent contractors with a significant startup budget who wish to launch a business in the United States.
3. B-1/B-2 Visa
- The B-1 visa is meant for business travelers, and while it does not allow freelancing work in the United States, it does allow meetings, conferences, and networking events.
Taxes for Indian Freelancers Working with U.S. Clients
You must pay taxes on your freelance income in India, not the United States if you are an independent contractor residing in India.
Declaring any foreign income to the Indian tax authorities is necessary, though.
Also, to prevent double taxation under U.S.-Indian tax treaties, you may need to complete specific tax forms, like the W-8BEN, if you operate with U.S. clients.
Bottom Line
Indian freelancers have a ton of chances when working for American clients.
Yet, whether you want to work remotely from India or in person in the United States will determine whether it is legal for you to operate as a freelancer there.
Read: Which country gives nomad visa?
