Contracting in the USA

[nwmackem21]

I own a new UK Ltd Company and have won business to work on and deliver an aspect of a series of events in the US and Europe for a US based client (New York, London, Barcelona, Milan).

The work only requires me to be in NYC for six consecutive days - meetings for five days, and then for one day of event delivery. I also have four freelance contractors that will come out and work only two days (one meetings and one event delivery) who will invoice my UK company for this work. I will then invoice my client for our services and expenses.

I cannot find accurate and clear information on what visa I need to be in the USA for this purpose - all I can find is the below which is far from clear!

"Travelers seeking to enter the United States for business or tourism (B-1/B-2 visa), or in transit (C-1) for less than 90 days may be eligible to travel to the United States visa free under the Visa Waiver Program (VWP) if they meet specific requirements.

The VWP cannot be used if your purpose of travel is to study for credit, employment, work as foreign press, radio, film, journalists, or other information media, or take up permanent residence."


Any advice would be hugely appreciated!

[KentDogWalker]

Good question, particularly relevant to me too, although I am UK contractor and am seeing business opportunities in the states (although not contracting).

[northernladuk]

Doesn't the last page of this actually mention what you are intending to do?

https://travel.state.gov/content/dam...14%20flier.pdf

[jamesbrown]

You cannot do "productive work" under the VWP and the constraints on a B visa are the same (applies when you're not eligible for the VWP). The meetings are no problem. The day of "delivery" likely is a problem, but you'll need expert advice. That said, you'd be very unlucky to get pulled up on this. Don't ever lie to the border agents though (or you won't be returning to the US).

[northernladuk]

You've got to be careful with meetings though. It does mention meetings under the conferences and sales which I would think is different than a meeting you are billing the client for. By billing them you are working for them regardless of what you actually do there?

[jamesbrown]

You've got to be careful with meetings though. It does mention meetings under the conferences and sales which I would think is different than a meeting you are billing the client for. By billing them you are working for them regardless of what you actually do there?

You aren't allowed to receive payment from a US source, but there's no distinction between different types of foreign companies if that's what you're getting at(?) You can be remunerated by a foreign company for work conducted in the US. The main requirement (from a visa eligibility POV) is that it shouldn't be productive work. To do productive work, the OP would need a B1 in lieu of an H-1B (not the same as an ordinary B1, which has similar restrictions to the VWP - although I think they were talking about getting rid of this class of B1) or a full-blown employment visa, such as a regular H-1B.

[WordIsBond]

You've got to be careful with meetings though. It does mention meetings under the conferences and sales which I would think is different than a meeting you are billing the client for. By billing them you are working for them regardless of what you actually do there?

Remember, OP is not working for them or being paid by them. OP is a person wanting a visa to go there for a few days as a representative of a UK Ltd company, and will be paid by that Ltd company. That LtdCo will bill the US company for the services provided, and the LtdCo will remunerate OP for his time and travel expenses. But OP is not going to be receiving any income from the US co.

[KentDogWalker]

Remember, OP is not working for them or being paid by them. OP is a person wanting a visa to go there for a few days as a representative of a UK Ltd company, and will be paid by that Ltd company. That LtdCo will bill the US company for the services provided, and the LtdCo will remunerate OP for his time and travel expenses. But OP is not going to be receiving any income from the US co.

So you can go over there and do as much work for them as you want as long as your LTD company is the one getting invoiced?

Nice! Can you rent an apartment there too paid by your LTD company?

[northernladuk]

So you can go over there and do as much work for them as you want as long as your LTD company is the one getting invoiced?

Nice! Can you rent an apartment there too paid by your LTD company?

Why would you think you can't??

[KentDogWalker]

Why would you think you can't??

I might start don't some touristy things mixed in with the deployment (mainly to work with client) over there. Also I think I am restricted to how long I can stay under the 3 month visa wavier program.