Advice needed on international project day rate

[BlasterBates]

That’s an employment visa, so the OP would need to completely rethink and become an employee of the non-US branch of the multi-national (i.e., the current UK client).

Well I see this:

The US company could be in the same group of companies as the overseas company, or could be a client of the overseas company.

So it isn't a requirement that he works for a non-US branch of the US client.

I would say worth enquiring further, they can only turn it down.

[jameslmorgan]

Thanks. So is 'B1 in lieu of H1B' different to B1? B1 only allows for meetings right?

The client is a large company so can potentially do some of this research for me, but I remain a consultant not an employee so I'm not sure how much they will be able to help.

[redgiant]

Thanks. So is 'B1 in lieu of H1B' different to B1? B1 only allows for meetings right?

The client is a large company so can potentially do some of this research for me, but I remain a consultant not an employee so I'm not sure how much they will be able to help.

B1 is similar to an ESTA (Visa Waiver) however it requires a trip to the US embassy to apply for and allows you for up to 180 days at a time in the US (as apposed to 90 days on an ESTA). You can't do productive work in the US on either an ESTA or B1 visa. I understand all the H1Bs have been allocated for this year already so your client will need to look at other options to bring you over before next year H-1B Fiscal Year (FY) 2020 Cap Season | USCIS

As others have mentioned I would get the client to look at the options as if they are of any size then their HR/Legal Counsel would have the experience and be able to advise on what they can offer. US immigration law is complex and frequently changes.

[jamesbrown]

Well I see this

No, this is straightforwardly for overseas companies to send one of their permanent employees to the US branch or affiliate. It is not a route for contractors (regardless of whether they have a formal contract of employment with their own company, which they mostly won't), only for permies.

It is basically akin to an H-1B for specialty occupations, but with less paperwork and for a shorter period, and with an H-1B you're an employee of the US company, not the overseas company.

[jamesbrown]

B1 is similar to an ESTA (Visa Waiver) however it requires a trip to the embassy to apply for and allows you for up to 180 days at a time in the US (as apposed to 90 days on an ESTA). You can't do productive work on either. I understand all the H1Bs have been allocated for this year already so your client will need to look at other options to bring you over before next year H-1B Fiscal Year (FY) 2020 Cap Season | USCIS

As others have mentioned I would get the client to look at the options as if they are of any size then their HR/Legal Counsel would have the experience and be able to advise on what they can offer. US immigration law is complex and frequently changes.

Exactly. In short, a B1 grants nothing more than a visa waiver and only makes sense for those ineligible for a visa waiver for whatever reason.

H-1Bs are employment visas and disappear pretty much instantly every April (IIRC). There are some organizations that are exempt from the cap, but not many private companies.

[jameslmorgan]

Very useful thanks.

I'll ask the client to look into it as they will have a large HR/legal team yes. However it doesn't sound like there are many options here given the project would start early September.

I guess the only other route is to go with ESTA and say I am only there for non-productive meetings when asked at border control. But again I would be there for 10 day periods with regular travel back to the UK between those 10 day periods for a few days.

BTW: The work I'd be doing is as a design consultant & coach, leading a team, working on a new technology service/product - as well as research, design and creating new features for the product.

[BlasterBates]

No, this is straightforwardly for overseas companies to send one of their permanent employees to the US branch or affiliate. It is not a route for contractors (regardless of whether they have a formal contract of employment with their own company, which they mostly won't), only for permies.

It is basically akin to an H-1B for specialty occupations, but with less paperwork and for a shorter period, and with an H-1B you're an employee of the US company, not the overseas company.

Yes but if you read the text carefully it is not restricted to the employees of companies with a US branch or an affiliate. You can be the employee of a supplier. It does state that.

Worth a try.

[jamesbrown]

Very useful thanks.

I'll ask the client to look into it as they will have a large HR/legal team yes. However it doesn't sound like there are many options here given the project would start early September.

I guess the only other route is to go with ESTA and say I am only there for non-productive meetings when asked at border control. But again I would be there for 10 day periods with regular travel back to the UK between those 10 day periods for a few days.

BTW: The work I'd be doing is as a design consultant & coach, leading a team, working on a new technology service/product - as well as research, design and creating new features for the product.

Yeah, that'll be productive work.

Sure, you could lie. Many before you have done that, I'm sure. Again, they can easily check these things, so I would highly, highly not recommend it, assuming you plan to visit the US again afterwards. Oh, and don't say things like "non-productive"

Better to just to do it remotely if at all possible.

[jamesbrown]

Yes but if you read the text carefully it is not restricted to the employees of companies with a US branch or an affiliate. You can be the employee of a supplier. It does state that.

Worth a try.

It isn't worth a try. The OP isn't a permanent employee of any UK company, and their own company doesn't count.

[redgiant]

Yes but if you read the text carefully it is not restricted to the employees of companies with a US branch or an affiliate. You can be the employee of a supplier. It does state that.

Worth a try.

However the OP would have to wait until after April 2020 to obtain the visa as there are none left to allocate for this FY. The vast majority of the allocation goes to the large outsourcing firms each year.