Contracting in the USA

[stevieg83]

Hi folks,
Have a client in the US who I've been working for remotely and are now asking for me to be on-site for 6 weeks this summer to consult with them.

Anyone have contacts who can advise on the visa/taxation requirements - I will be billing them from my UK based company.

Thanks,
Steven

[BigTime]

Try for a B1 visa.

[jamesbrown]

There's a straightforward answer, but you won't like it. You're not supposed to do any type of "productive work" under the visa waiver scheme or on a B1 visa. For example, meetings with clients would be OK, software development or training would not be OK. Six weeks is rather a long time for work that isn't "productive" and you're also being paid by a U.S. company. Usually, in your scenario, you'd get a temporary work visa, such as an H1 or L1, but that is an employment visa and you'd be taxed at source.

[BigTime]

B1's are issued for 6 months so 6 weeks isn't too long. I'm sure there are many on this site who've spent longer than that doing non-productive work.

"What are you going to be doing during your stay?"

"Posting on CUK"

[jamesbrown]

YMMV, as always. Certainly, you can come up with a story and risk it. Don't mention that you're getting paid by a U.S. company though.

[stevieg83]

There's a straightforward answer, but you won't like it. You're not supposed to do any type of "productive work" under the visa waiver scheme or on a B1 visa. For example, meetings with clients would be OK, software development or training would not be OK. Six weeks is rather a long time for work that isn't "productive" and you're also being paid by a U.S. company. Usually, in your scenario, you'd get a temporary work visa, such as an H1 or L1, but that is an employment visa and you'd be taxed at source.

Yeah that was my understanding but I've certainly found a few contradictions on the US gov website.

I guess the key is "productive work" anything that isn't productive isn't work in my opinion

I know all about the H1 from almost moving there a couple of years back but I'll never be employed by my client.

Thanks for the replies.

[stevevalo]

You could also try a H1B, Its valid for 10 years. I think its issued in leu of a H1.

Its probably better than chancing the B1 and easier to get than a H1.

[jamesbrown]

You could also try a H1B, Its valid for 10 years. I think its issued in leu of a H1.

Its probably better than chancing the B1 and easier to get than a H1.

No, you're mistaken. An H-1b is a specialty occupation visa (scientists, specialist IT etc.) and has an annual cap. I had one and it's a 3+3 year visa (with a renewal application after 3 years). In any case, it's an employment visa and requires an employer to sponsor the application (stevieg83 wasn't looking for that).

[BigTime]

If I was making this trip, I'd reduce the duration to 3 or 4 weeks and land without a visa (apart from the ESTA you need to complete). Say your there for meetings with a client you do work for from the UK and they shouldn't have a problem with it.