Hi all,

I'm new to the forums, so a big hello from me.

I've never visited the States (plan to soon).
I work for myself and a lot of goods I send to USA. I'm just looking at the possibilities of purchasing stock over there and maybe renting some storage. This would give me the option to send back and forwards with a container rather then pallets (which is what I use now).

I have no ideal on what kind of extra Visa (if any) I would require for this, anyone help or know at least where I should start.

Many thanks.

So your trip is likely to include business meetings with suppliers, but no direct work in terms of performing tasks?

If you are otherwise eligible for the VWP, have a valid ESTA, and tell the Officer at PoE that that is your intention then I don't see any reason why it couldn't be conducted under the VWP.

I agree. I think the litmus test is whether you are doing anything that an American would be recompensed for if they were doing the same thing. Business meetings are fine. Accepting an invitation to a business lunch is fine. But drawing up a contract and getting lunch in return, or allowing your expenses to be covered by a US entity, is not allowed. In fact it's technically not allowed for you to answer work e-mail and direct your UK staff from the US, since that's "working", but I work in an international company and the number of people who actually observe that rule are... what you might guess.

At the port of entry, when asked what you're coming in for, say "business meetings" in a bored voice. That's evidently what my UK-based boss does.

Really?

This is an oft repeated claim but can anyone actually substantiate that statement with a reference to some case law?

That's what our legal department tells us at work. I know, it sounds stupid, doesn't it?

Many thanks Guys,

I work for myself now and plan to for the foreseeable future,

Ideally I want to purchase stock, keep it in a container until it is full and then send it back over here. I would like to do the same this side too with the items I get that suit the US market better.
Obviously all import taxes would be paid.

If I had storage in the states I would be using it the same way I use my storage over here. Keeping items secure until they are ready to be palleted and sent out,

Any help appreciated,

Kind regards,
Richard

Matter of Hira (1966).

I don't think that Hira directly addresses the issues of whether someone admitted to the US as a visitor for business purposes is allowed to "answer work related e-mail" while present in the US.

Matter of Hira actually contradicts the "can't reply e-mail" "rule". If a tailor can take measurements for suits to be manufactured abroad, then one can probably reply e-mail.

Who would move the stuff from the shipping container to the storage and then distribute it to the customer?

Also, the traveler must be admitted as a WB or B1 to do business. If admitted WT/B2 then they cannot do any business at all.

I have a problem with the interpretation of the regulations for vwp and B1/B2 visas. If all companies followed what is actually written in the regulations, international commerce would come to a complete halt.

Therefore I suspect that USCIS is allowing for a much broader interpretation of regulations by companies and will only object if there is extreme abuse.

On a regular basis, there are large scale instances of what would be considered abuse of the regulations if taken literally "as written" but USCIS seems to be comfortable with what companies are doing.

Thanks,
There are several storage locations where you can have staff at the site load-up when no one is there to take delivery etc (for the pallets).

But I will want to be there on the important arrivals/departures (when container goes out) and oversee it myself.

I know of some Canadians who do similar over here now and then send back home, I will ask them about the type of visa they use.

-
I know I still havea lot of reading and learning up on the rules but if I can just get an ideal of how hard this is going to be, at least that will be a start.
Also, will the majority of my paperwork for what I am planning to do be submitted before I arrive or will I have some sort of interview on arrival, what is the common procedure?

It seems you could do everything on the vwp but if you want to be on the safe side, apply for the B1/B2 visa and state your intent to do at the interview. I would suspect that the B1/B2 visa will be approved since you are using it to conduct business but in case it is denied, there may be a 6-12 month period before ESTA will be approved.

If you have the B1/B2 visa, you just say "business" when asked for the reason to enter the POE and you should be let through. The same should occur with the vwp but since you are not visiting an actual company but just arranging your shipments, that may cause the POE officer to over think what you are doing if he asks in more detail.

As far as Canadians, they don't require anything (no vwp or B1/B2 visa) when they enter the US so there will likely be a response of none which won't tell you too much.

I wouldn't use the level of enforcement as an indicator as to how the rules should be interpreted.

Plenty of people exceed the speed limit on a regular basis. Many will never get a ticket. The people who do get cited and pay. Speeding violators normally incur monetary penalties. Immigration violators often incur arrests, removal orders and future inadmissibility.

Since the chance of being stopped for speeding is pretty great during one's lifetime, I don't think the comparison is very close. Maybe a closer comparison would be living quiet rural area and having to cross the street to get to you mailbox (jaywalking). I suspect there have been less than handful of people that have ever been ticketed and only if they cross the street and not look for traffic.