Beyond the H-1B Cap: Global Alternatives for U.S. Employers and Foreign National Workers – Spotlight on Digital Nomad Visa Options

Application procedures and processing times vary widely by country—from simple online forms to more extensive reviews by national immigration authorities. Processing timelines range from about one week to several months.

Important Legal Considerations

Before pursuing a digital nomad visa, it is critical to assess possible tax, labor, social security, and data privacy implications for both the employer and the employee. Immigration status alone does not determine compliance with local tax and employment laws. Employers should consult with tax, labor, privacy, and corporate counsel to fully understand the implications of remote work arrangements abroad and avoid potential liabilities or compliance surprises.

Barbados

In June 2020, Barbados introduced its 12-month Barbados Welcome Stamp for remote workers who will earn at least $50,000 USD per year and who are working remotely for a non-Barbados entity. The application can be filed online at this link. The estimated processing time for the visa is approximately seven business days. This is a renewable visa.

Brazil

Brazil offers a one-year Digital Nomad Visa called VITEM XIV. This permit can be renewed for another year. Applicants must provide proof that they have a foreign, non-Brazilian employer and that they will either earn a minimum of $1,500 USD per month or maintain a bank balance of at least $18,000 USD. They must also declare that they can complete their job remotely online from Brazil. As part of the application process, applicants must additionally provide proof of a clean criminal background and health insurance that will cover their stay in Brazil, along with other requirements. Applications should be filed at Brazilian consular posts. The average processing time for these visas is five business days.

Canada

Canada does not have a Digital Nomad Visa as a separate visa category; however, individuals who intend to work in Canada as digital nomads for a foreign non-Canadian employer may enter Canada for up to six months as visitors and work for their foreign employer while on Canadian soil. They will not receive a Canadian social security number as a visitor and may not work for any Canadian employer without first applying for a visa. For further information, please see the Canadian government’s updated policy on digital nomads at this link.

For U.S. employers considering Canada as a viable option for its employees due to its geographic location, please consider work permit options such as the intracompany transfer work visa or Labor Market Impact Assessment-based work visa. For further details, please contact your attorney at McCown & Evans LLP.

Colombia

Colombia offers a Digital Nomad visa, which allows remote workers to work remotely for their foreign employers for up to two years. Applicants will need to show that they have confirmed employment with an employer abroad, a minimum offered salary that is calculated based on the average salary earned by Colombian citizens, and comprehensive health insurance. For further information, please visit this link.

Costa Rica

Costa Rica offers a one-year Digital Nomad Visa called “Visa V” to remote workers who earn a monthly salary of at least $3,000 USD (or $4,000 USD a month for those with families). The visa is extendable for another year under certain circumstances. For further information, please visit this link.

Croatia

Croatia is currently offering Digital Nomad visas that are valid for up to 18 months. This visa, which is not extendible, is available to individuals who will work remotely for non-Croatian entities, hold valid health insurance in Croatia, and will earn a minimum of 3,295 EUR per month. Qualifying individuals also must not be convicted of any crimes. Work for a Croatian entity is not permitted. Information regarding this visa is available at this link.

Cyprus

Remote workers earning at least 3,500 EUR per month after taxes who are employed by an employer abroad can be eligible for a Digital Nomad Residence Permit in Cyprus. This Residence Permit is available for up to one year and is extendable for another two years. For further information, please see this link.

Dubai, United Arab Emirates

Dubai introduced a one-year Virtual Work Residence Visa in October 2020. It is available to individuals who can prove remote employment for a one-year period. This visa is extendable. Qualifying individuals must have passports that are valid for at least six months, health insurance with coverage in the United Arab Emirates (UAE), proof of employment with their non-UAE employer (such as an employment contract), and a salary of at least $3,500 USD a month. Further information is available at this link.

Estonia

Estonia was one of the first countries in the world to offer a Digital Nomad Visa. The Estonian Digital Nomad Visa is valid for one year and is available to remote workers who will carry out work remotely for a non-Estonian company online. There is a minimum salary requirement of EUR 3,504 per month. Applications should be filed with an Estonian consular post. The average processing time for these visas is 30 days. Further information is available at this link.

Hungary

Hungary officers a White Card – Residence Permit to Digital Nomads. This residence permit is available to third country nationals who have confirmed employment with an employer overseas and who can complete their work digitally in Hungary for their employer abroad. This permit is not appropriate for work for a Hungarian entity. Applicants must show that they have earned at least 3,000 EUR per month for the six-month period prior to entry to Hungary, proof of accommodation, and proof of health insurance. The average processing time for this visa is 21 days. For further information, please visit this link.

Iceland

Iceland is offering a Digital Work Visa of up to 180 days in duration to remote workers who will work remotely for a foreign company or for themselves. This permit cannot be changed into a more permanent status in Iceland. Successful applicants must show that they earn at least ISK 1,000,000 a month in salary, health insurance to cover their stay and, in some instances, a clean police record. For further information, please visit this link.

Italy

Italy offers a Digital Nomad visa to freelance highly-skilled tech workers and a Remote Worker visa to individuals who can work remotely online in Italy for a foreign company . It is valid for up to one year. Successful applicants for the Digital Nomad Visa must earn at least three times the minimum annual salary in Italy. Applicants must show that they have adequate health insurance to cover their stay in Italy, proof of accommodation in Italy, proof of at least six months of experience in their jobs, and a declaration of no criminal history for the past five years.

The Italian Digital Nomad visa is more difficult to secure than Digital Nomad Visas offered by other countries because there is also a requirement that applicants provide proof that they are highly skilled workers and part of a qualifying profession. This can be established by showing that one has at least a Bachelor’s Degree, attestation by the Italian government confirming membership in a regulated profession, five years of relevant professional experience in a higher profession or three years of relevant professional experience for managers and specialists in the information and communication sectors, among other requirements. The documentation concerning professional experience must be certified as authentic through the legalization process. Applications should be submitted at Italian consular posts and can take anywhere from one to three months to process.

Greece

Greece’s Digital Nomad Visa program is available to remote workers who earn at least 3,500 EUR a month after taxes. Non-E.U. citizens must provide proof of health insurance that will cover their stays in Greece. The visa is available initially for up to one year and can be upgraded to a residence permit for longer stays in Greece. Applications should be lodged at Greek consular posts. The average government processing time for these visas is 10 days but varies slightly according to the consular post. For further information, please visit this link.

Japan

Japan offers a 6-month Digital Nomad “NOMADO” Visa to citizens of 49 countries with which Japan has both a visa waiver agreement and a double taxation treaty. Requirements include annual earnings of at least 10,000,000 JPY a year working for a non-Japanese employer. This visa is not renewable and cannot be converted into a residence permit. Applicants must hold their own health insurance to cover their stay in Japan. Accompanying family may travel to Japan with the visa holder. Applications are filed with the Immigration Bureau in Japan. Once approved, applicants will receive a Certificate of Eligibility that they can take to Japanese consular posts to request a visa stamp. For further information, please visit this link.

Malaysia

Malaysia offers a Digital Nomad visa called the DE Rantau Digital Nomad Pass. This is a Professional Visit Pass (Pas Lawatan Ikhtisas PLIK) that is available for stays of 3 to 12 months and is renewable for another 12 months. Remote workers who are employees of foreign companies and freelancers/independent contractors are eligible for this permit. Application requirements include a CV, three months of bank statements, tax returns, proof of a contract or employment contract that is valid for at least three months, a letter of good conduct, educational documentation, and medical insurance that is valid in Malaysia. For further information, see this link.

Montserrat

The Caribbean country of Montserrat offers a one-year Montserrat Remote Work Stamp to qualifying individuals who wish to work in Montserrat remotely for a non-Montserrat-based entity. To qualify, individuals must earn at least $70,000 USD a year and hold valid health insurance for Montserrat. The application for these visas is available at this link. The estimated processing time is seven business days. FAQs for the permit are available at this link.

Mexico

Mexico has a Digital Nomad Visa (Visa de Residente Temporal por Solvencia Economica) that is available to remote workers for a duration of one year initially, and then extendable for up to three years. Applicants can apply for this visa at a Mexican consular post with details regarding economic solvency, including either proof of a monthly income that is equal to the general minimum wage in Mexico City (approximately $2,600 USD a month) for the past six months or proof of approximately $45,000 USD minimum average bank balance over the past 12 months). The estimated processing time varies according to the consular post but takes about two weeks on average.

Portugal

Portugal offers the D8 category Digital Nomad Visa to non-E.U. citizens who wish to work remotely for a non-Portuguese company from Portugal. The visa is available as a Temporary Stay Visa, valid for up to one year, or as a Residence Visa, which is valid initially for two years and extendable for another three years. Successful applicants for the Digital Nomad Visa will have an employment contract or services agreement for an entity based outside of Portugal and will earn at least four times the minimum Portuguese monthly salary per month. Applications are filed with a Portuguese consular post that has jurisdiction over the applicant’s place of residence. Once in Portugal, the visa is converted into a residence permit. Applicants must submit proof of health insurance, a clean criminal record, proof of adequate accommodation, and proof of the minimum required salary to be paid by the non-Portuguese employer (or non-Portuguese clients, in the case of freelancers). Families may accompany the Digital Nomad Visa holder to Portugal. For further information, please see this link.

South Korea

South Korea has introduced a Workcation (F1D) Visa that is valid for one year and extendable for an additional year. Applicants must be at least 18 years of age and can prove that they have earned an annual salary that is at least double the Korean Gross National Income per capita of the previous year for a non-Korean company. This visa is available to individuals who have worked in the same industry for at least one year. It is not available for employment with a Korean company or for any work that will result in profit by a Korean entity or person. Applications can be filed with South Korean consular posts that have jurisdiction over their place of residence or with a local immigration office in Korea. Additional application requirements include health insurance of at least KRW 100 million to cover their stay in South Korea. Documentary requirements include a passport, apostilled criminal records for every country in which the applicant has resided for the past five years, three months of recent bank statements, employment verification, income tax returns. Family members are authorized to accompany the main Workcation visa holder to Korea. For further information, please visit this link.

Spain

Spain offers one-year Telework (Digital Nomad) Visa to non-EEA citizen professionals to work in Spain remotely for their non-Spanish employers or as self-employed individuals. Qualifying individuals must have a university degree or at least three years of experience in their field of employment. Successful applicants must earn at least 200% of the Spanish minimum wage (approximately EUR 2,368 a month). As part of the application process, applicants will need to provide proof of their educational credentials, proof of employment, no criminal history for the past two years, and have health insurance that will cover their stays in Spain. For further information, please visit this link.

Employers who are interested in further exploring overseas work authorization options are encouraged to contact their attorney at McCown & Evans LLP and our in-house global immigration professionals.

If you are a new client, please contact us at (415)432-5300 or info@mccownevans.com.