Reply to: Travel question

[billybiro]

there are also special visa rules for traveling entertainers.

So if I dress up in my best monkey outfit whilst doing some dev work in the client's US office, I'm ok?

[kaiser78]

OK, so now we understand the question properly, V8's advice is quite right. However, it should also be obvious that you make sure this is agreed up front and the boundaries of what is and isn't covered is in your contract and/or schedule.

Big difference of being a contractor is if it goes wrong, it's up to you to sort it out. The more you can do to ensure it doesn't go wrong, especially through simple misunderstandings, is time well spent.

I understood what OP was asking - wasn't that difficult a question ??

[stek]

You can go to the states on holiday and work the whole time ...... as long as you are apparently not doing paid work.
Then get any money due to you as a gift when you get back to the UK.
Which might raise some questions like ...do I pay tax on it or not and to which country ..if any?

Question is how do some brits (especially celebs, entertainers, bowers, sports people. etc) go over there and stay longer than 3 months whilst working ..... without some playing of the system going on?

Entertainment/Sportsman Visa - UK has similar.

Work is work, paid or unpaid.

[CoolCat]

You can go to the states on holiday and work the whole time ...... as long as you are apparently not doing paid work.
Then get any money due to you as a gift when you get back to the UK.
Which might raise some questions like ...do I pay tax on it or not and to which country ..if any?

Question is how do some brits (especially celebs, entertainers, bowers, sports people. etc) go over there and stay longer than 3 months whilst working ..... without some playing of the system going on?

There are special visas for those with a large amount of savings here and in the USA, there are also special visa rules for traveling entertainers.

[RonBW]

Happens all the time and perfectly fine.

It may happen frequently, but it's not fine.

You may get away with it, but if you admit to immigration that you are there to do work then you'll be on the next plane home. If you lie to immigration and get caught, then you'll be on the next plane home and you'll never return (legally).

Going for a meeting - fine. Going to do productive work - not fine. The rules are simple, and at the moment I wouldn't want to push anything regarding homeland security with the US.

[socair]

you can go on holiday though

You can go to the states on holiday and work the whole time ...... as long as you are apparently not doing paid work.
Then get any money due to you as a gift when you get back to the UK.
Which might raise some questions like ...do I pay tax on it or not and to which country ..if any?

Question is how do some brits (especially celebs, entertainers, bowers, sports people. etc) go over there and stay longer than 3 months whilst working ..... without some playing of the system going on?

[jamesbrown]

Remember to check all your insurance is valid for business in the USA.

This too (not business in the USA, but business with US clients). Hint: it won't be (PI at least).

[jamesbrown]

An ESTA is fine. He is working for a UK company, based in the UK, but having to go over there on the odd occasion to work with US staff. Happens all the time and perfectly fine.

No it isn't. I have multiple US clients and have done for years, so I know this well. Likewise, stek knows what he's talking about. If you aren't a GC holder or a US Citizen, you need an employment visa for "productive" work in the US, with very limited exclusions (such as installing equipment). If you're just meeting with clients, shooting the smeg, listening to presentations, planning, that's fine. If you're sitting down with clients, or working independently on a client site, and doing something productive, such as designing, coding, troubleshooting, training or other "productive" work, you absolutely do need an employment visa, such as an H1B. The VWP or a B-class visa won't cut it.

[CoolCat]

You can go to the USA to do "business" you will find it hard to get a visa to go there to "work". What's allowed when you enter to do business but not work is a fine line you need to understand. But lots of things you are allowed to do when entering for business look and feel like work to a lay person.

Remember to check all your insurance is valid for business in the USA.

[CoolCat]

You won't be able to work in the US

You can go to the USA to do "business" you will find it hard to get a visa to go there to "work". What's allowed when you enter to do business but not work is a fine line you need to understand. But lots of things you are allowed to do when entering for business look and feel like work to a lay person.

[Whorty]

You need a work permit to work in US, simple as.

Why do you think it's ok not to need one? H1B is to allow US companies to employ foreigners to work for them in US.

As a U.K. contractor this is not possible so it's not possible for a foreign contractor to work in the US legally. Same as 99% of the rest of the world.

An ESTA is fine. He is working for a UK company, based in the UK, but having to go over there on the odd occasion to work with US staff. Happens all the time and perfectly fine.

[kh64]

All hypothetical at the moment anyway as its only an interview.

Cheers for your help. I'll make sure I cover this off definitively, should I progress.

Thanks

[stek]

"If you wish to work in the United States for a temporary period you will require a nonimmigrant work visa. You cannot work on a visitor or business visa, or under the Visa Waiver Program (VWP).

Unlike some countries, the United States government does not issue work visas for casual employment. In general, work visas are based on a specific offer of employment. In most cases, a petition must be filed and approved by the United States Citizenship and Immigration Services (USCIS) before applying for the visa at a U.S. Embassy or Consulate."

[stek]

Because it's not a US company.
I've been to the US 30 odd times before and neither I or the company have had to complete anything more than an ESTA.

Then they'd be wrong.

Work is work and not allowed on visa waiver, suggest you visit the US INS webpages.

Work equals tax liability too, think about that. How do you pay the tax due to the IRS?

[kh64]

You need a work permit to work in US, simple as.

Why do you think it's ok not to need one? H1B is to allow US companies to employ foreigners to work for them in US.

As a U.K. contractor this is not possible so it's not possible for a foreign contractor to work in the US legally. Same as 99% of the rest of the world.

Because it's not a US company.
I've been to the US 30 odd times before and neither I or the company have had to complete anything more than an ESTA.