UK Registered LTD Co. taking on clients in US when visiting on a B1 visa

[CAMI]

Hi

I'm looking for some advice regarding taking on US based clients when in the US on a B1 Business visa.

I want to know if I can actively approach, take on and service US clients in the US when on the B1 visa.

My business is a coaching consultancy and I will be looking to take on US residents as clients and work either face to face or via Skype.

If I can do this, how do I invoice via UK business. In pounds? Will I need to set up a specific bank account?

Thanks

[redgiant]

Hi

I'm looking for some advice regarding taking on US based clients when in the US on a B1 Business visa.

I want to know if I can actively approach, take on and service US clients in the US when on the B1 visa.

My business is a coaching consultancy and I will be looking to take on US residents as clients and work either face to face or via Skype.

If I can do this, how do I invoice via UK business. In pounds? Will I need to set up a specific bank account?

Thanks

"Travelers seeking admission into the United States to conduct business require valid B-1 visas. The definition of "business" in this instance is limited, and does not generally allow for gainful employment or productive activity such as operating a business or consultancy work."

Applying for a Business (B-1) Visa | Embassy of the United States

Consultancy is mentioned that it is not allowed on a B1 visa when in the US however there is nothing stopping you from doing this remotely from the UK.

As for invoicing you can get a USD business account or request that the client pays in GBP. If you are doing work in the UK then it's easier to work in one currency but there is plenty of advice already on this forum of the pros and cons of accepting local currency or GBP.

[jamesbrown]

The short and correct answer is, no. The B1 visa confers the same rights as the Visa Waiver Program (administered through ESTA). You may approach clients in the US for the purposes of soliciting trade, but you cannot conduct any "productive" work in the US without an employment visa (unless you're a US citizen or GC holder, in which case you wouldn't be asking this question).

[CAMI]

The short and correct answer is, no. The B1 visa confers the same rights as the Visa Waiver Program (administered through ESTA). You may approach clients in the US for the purposes of soliciting trade, but you cannot conduct any "productive" work in the US without an employment visa (unless you're a US citizen or GC holder, in which case you wouldn't be asking this question).

Thanks for this.

When I am in the US on my B1 visa, will I still be able to service my UK based clients on Skype and invoice them accordingly?

[redgiant]

Thanks for this.

When I am in the US on my B1 visa, will I still be able to service my UK based clients on Skype and invoice them accordingly?

Short answer again is no unfortunately. You will need a work visa (H1B, L1 etc.) for conducting consultancy work from the US.

As mentioned before you can work from the UK and service US clients without issue ... it's the place of supply that is the problem here.

[jamesbrown]

Thanks for this.

When I am in the US on my B1 visa, will I still be able to service my UK based clients on Skype and invoice them accordingly?

This is an area where you'd need an expert opinion for a definitive answer. Bearing that caveat in mind, I'll offer my opinion. You should not be doing "productive work", in principle. However, if that productive work is incidental to your visit and involves servicing an ongoing project that is based outside the US and does not generate income within the US, I can't foresee any issues with this. Practically speaking, providing you answer all questions truthfully upon entry, I don't think you'll have any issues (i.e. there is nothing to stop you doing this work). Again, this is simply my opinion.

[CAMI]

Thank you both so much.

Do you know long do they give you for a B1 VISA at the embassy. I have heard it's usually a term of 5 years. Is this correct? I do understand length of stay is determined by the officer at the port of entry and it's down to you to evidence the permitted business you intend to conduct.

I was also wondering if I would be able to return to the US in the future on my VWP ESTA from the UK? I have read that I forfeit the right to use this going forward once I've applied for a business visa.

[jamesbrown]

Thank you both so much.

Do you know long do they give you for a B1 VISA at the embassy. I have heard it's usually a term of 5 years. Is this correct? I do understand length of stay is determined by the officer at the port of entry and it's down to you to evidence the permitted business you intend to conduct.

I was also wondering if I would be able to return to the US in the future on my VWP ESTA from the UK? I have read that I forfeit the right to use this going forward once I've applied for a business visa.

Oh no, in terms of the period of stay, these are short term visas. There is really no reason to apply for a B1/2 visa unless you don't qualify for the VWP. Either way, IIRC, the default duration is 90 days (in line with the VWP), and you will start to raise eyebrows if you visit repeatedly for durations close to 90 days. Don't confuse the period of validity (e.g. 3yrs for ESTA with multiple entries) with the ability to stay in the US for long durations or even visit multiple times for short/medium durations. Permission to enter is granted at the port of entry. Indeed, you are likely to be questioned and potentially refused entry if you're misusing either the B1/2 or VWP (in which case, you lose the right to the VWP).

There really is no way to contract in the US unless you're a US citizen or GC holder, and the contract market is, in any case, rather different than in the UK. Bottom line, from the tone of your questions (e.g. 5yrs, servicing and invoicing UK contracts), I think you're confused about what might be possible. You can certainly visit the US occasionally and meet with clients and, in my opinion, even do incidental "productive" work for non-US clients (e.g. from your hotel), but nothing more than that. This is emphatically not a backdoor to working in the US.

[CAMI]

Thank you.

My intention is not to work whilst I am in the States. My business is largely done via Skype hence it will be possible to run it from the UK. However, I need to meet a few existing clients and there are some networking opportunities, conferences and other business contacts I would like to explore. My intention is to build a network of contacts to service in 6months time when I plan to return to the UK. I consider it a business development exercise as I've identified a lot of opportunity over there. My original question was in view of the fact I have existing relationships that I would need to be mindful of whilst in the States and I wasn't sure if I could do this but I am clear on this now, thanks to you.

[jamesbrown]

Thank you.

My intention is not to work whilst I am in the States. My business is largely done via Skype hence it will be possible to run it from the UK. However, I need to meet a few existing clients and there are some networking opportunities, conferences and other business contacts I would like to explore. My intention is to build a network of contacts to service in 6months time when I plan to return to the UK. I consider it a business development exercise as I've identified a lot of opportunity over there. My original question was in view of the fact I have existing relationships that I would need to be mindful of whilst in the States and I wasn't sure if I could do this but I am clear on this now, thanks to you.

OK, that clarifies things. I think you should be OK if it's a short-term stay and any productive work from your hotel (for non-US clients) is incidental, but feel free to seek a professional opinion based on your specific plans (you can also call the US Embassy in London, although they are unlikely to provide detailed advice on this specific issue). One thing I would suggest, whether you use the VWP or something else, is that you do carefully plan your trip and bring evidence of who you plan to meet, where and why (i.e. specific meetings and dates). Business trips without a clear purpose and a list of potential clients/meetings will raise a red flag at the port of entry. You should also take proof of your employment here in the UK (i.e. by YourCo and what it does). Also, I would strongly advise that you don't extend the trip longer than necessary, as it's not a good idea to push the boundaries of your stay (e.g. close to 90 days for the VWP).