Advice needed on international project day rate

[jamesbrown]

Yes even so you came out with some incorrect facts. So what else is wrong ?

I've worked overseas on many contracts and when I worked for a company where we did projects in the USA we didn't need visas and we weren't a subsidiary, but it was just short term installation. According to your argument they should have spent weeks applying for H1B visas, When they sent me overseas it was on a tourist visa. Perfectly normal.

See here, including the part about "few exceptions". Your installations were almost certainly one of those exclusions. Installations of equipment are indeed allowed under the visa waiver or with a B visa, under specific circumstances. This is completely irrelevant to the OP, of course.

[jameslmorgan]

So I guess installations is installing equipment etc for the benefit of US clients? Agree, that doesn't cover my consultancy work.

The client is now checking with her HR/legal team so I will update here when I hear the outcome of that. Not much else I can do from my side. I suspect they may still come back with 'ESTA is fine for this project' depending on how capable the person she speaks with is :-)

[BlasterBates]

So I guess installations is installing equipment etc for the benefit of US clients? Agree, that doesn't cover my consultancy work.

The client is now checking with her HR/legal team so I will update here when I hear the outcome of that. Not much else I can do from my side. I suspect they may still come back with 'ESTA is fine for this project' depending on how capable the person she speaks with is :-)

Try consulting with business associates.

[Bluenose]

wouldn’t be too sticky on day rate from current, just be water tight on travel, hotel and expenses.

for gigs like this i usually get the resourcing team to book all hotels and flights with full claim back on the hotel bill which must be a four star corporate hotel. premium economy flights are fine for NY.

[jamesbrown]

So I guess installations is installing equipment etc for the benefit of US clients? Agree, that doesn't cover my consultancy work.

Yes, from what I recall (and you'd need to check this), it is OK for a foreign supplier to install and maintain equipment for a US company when that equipment is part of an overall contract of sale for the foreign-supplied equipment, but there are numerous gotchas, I think.

I wouldn't be surprised if your speculation is correct about their suggesting the visa waiver is fine. It isn't though. Remember, people probably violate the terms of the visa waiver or their B visas quite often. It's still a bad idea and you're quite likely to get caught in the specific situation you describe, so I wouldn't recommend it.

[jameslmorgan]

wouldn’t be too sticky on day rate from current, just be water tight on travel, hotel and expenses.

for gigs like this i usually get the resourcing team to book all hotels and flights with full claim back on the hotel bill which must be a four star corporate hotel. premium economy flights are fine for NY.

Thanks - all hotel and flights would be covered and paid for by client directly + premium economy flights.

How do you usually handle Visa situation and how long/frequent/purpose are your trips?

[jameslmorgan]

I wouldn't be surprised if your speculation is correct about their suggesting the visa waiver is fine. It isn't though. Remember, people probably violate the terms of the visa waiver or their B visas quite often. It's still a bad idea and you're quite likely to get caught in the specific situation you describe, so I wouldn't recommend it.

Agree, not sure I would feel comfortable accepting the project based on 'visa waiver is fine'. In reality, it would be me who could get stopped at the border mid-project and unable to continue the project!

[WTFH]

Agree, not sure I would feel comfortable accepting the project based on 'visa waiver is fine'. In reality, it would be me who could get stopped at the border mid-project and unable to continue the project!

Best case scenario when you get stopped is you would be deported immediately and red-flagged from entering the US.

Worst case, they'd want to check to see if your were carrying drugs (ahem) and you'd spend a few days locked up, no contact with the outside world, then you'd get deported and red-flagged.

[BlasterBates]

Agree, not sure I would feel comfortable accepting the project based on 'visa waiver is fine'. In reality, it would be me who could get stopped at the border mid-project and unable to continue the project!

Listen to the legal arguments. If they say simply "it's fine" that's not a legal justification.

You need to hear something a bit more substantial. As a consultant you will be attending discussions, that would be fine. Maybe you can split your time with London and do the productive work there.

[jameslmorgan]

Listen to the legal arguments. If they say simply "it's fine" that's not a legal justification.

You need to here something a bit more substantial. As a consultant you will be attending discussions, that would be fine. Maybe you can split your time with London and do the productive work there.

I agree, 'it's fine' won't be enough for me.

As I said in an earlier reply, I'd be in NYC as a design consultant & coach, leading a team, working on a new technology service/product which is for US users. It will include research, design and creating new features for the product.

Majority of the productive work must be done in NYC within the small teams. That would mean in NYC Mon, Tue and Wed at least, every week, for 2 or 5 months.

The only thing I would do if I flew back to UK every week would be one day WFH, after a day for travel (or 0.5 day WFH) on the Thursday.