Digital Nomad Visa: New Self-Employed Requirement

Over the last month, Spanish Immigration authorities have introduced a new and unexpected requirement affecting applicants for the Digital Nomad Visa who apply as self-employed, freelancers, or independent contractors.

🔴 The new requirement

Immigration is now explicitly requesting:

Proof of self-employment registration in the country of origin.

Formal requirements:

• Issued by a government authority in the home country

• Apostilled

• Officially translated into Spanish

This change has come as a surprise to many applicants—but the good news is that it can be resolved with the right approach.

❗ Why this change matters

Until recently, many self-employed applicants were approved by submitting:

• Client or service contracts

• Invoices

• Bank statements

• Explanatory affidavits

🔎 This is no longer enough.

Immigration authorities are now focusing on whether the applicant is formally recognized as self-employed in their home country, and whether that professional activity existed before applying for the visa.

🇺🇸 Why U.S. cases require special attention

This is where deep knowledge of the U.S. system becomes essential.

Unlike Spain and many other countries, the United States does not have a formal “self-employed registration” process comparable to the Spanish alta de autónomo.

In the U.S.:

• You do not “choose” to become self-employed

• You do not register as a freelancer with a central authority

• You simply receive income

• If that income exceeds certain thresholds, you are legally required to report it to the IRS

In other words, self-employment status in the U.S. is triggered by income, not by registration.

Because of this structural difference:

• Many U.S. freelancers do not possess a single document stating “self-employed”

• Immigration requests based on European models cannot be applied mechanically to U.S. applicants

🧠 Why understanding the U.S. system is critical

This is precisely why knowing the U.S. legal and tax framework is fundamental.

Without that understanding:

• Applicants may submit irrelevant documents

• Authorities may misinterpret U.S. tax structures

• Strong cases may be wrongly refused or delayed

The solution lies in identifying valid alternatives that Immigration will accept, even if they do not resemble Spanish documentation.

✅ Valid alternatives that may satisfy Immigration

Immigration authorities have not limited acceptable proof to a single document, provided it is official and demonstrates independent economic activity.

Depending on the applicant’s situation, acceptable documents may include:

• Tax registration certificates

• IRS documentation reflecting self-employed income

• Annual tax returns showing self-employment activity

• Proof of self-employment tax payments

• Business licenses or permits (where applicable)

• Registration as a sole proprietor or similar

• Certificates from tax or social security authorities confirming economic activity

👉  These documents must clearly link the applicant’s name with independent professional activity.

 Our professional recommendation

If you are:

• Applying for the Digital Nomad Visa as self-employed, or

• Have received a request for additional documentation in the last few weeks

We strongly recommend:

1. Avoid generic or copy-paste solutions

2. Work with professionals who understand both Spanish Immigration law and the U.S. system

3. Carefully select the most appropriate alternative documents

4. Plan apostilles and sworn translations from the outset

At American&Legal Spain, we are already handling these new requirements and helping U.S. clients bridge the gap between two very different legal systems.

Not sure how to prove self-employment from the U.S.?
Applying as a freelancer or independent contractor?

Get in touch. This new requirement is real—but with the right strategy, it is absolutely manageable.