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Can I use ESTA for this special type of business activity?

Can I use ESTA for this special type of business activity?

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Old Apr 20th 2015, 9:05 pm
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Default Re: Can I use ESTA for this special type of business activity?

Originally Posted by Boiler
I feel tempted to e mail them and ask.
I've asked them and they said they don't help with visas. I want to hit back at them with this information, as long as its correct-ish.

(I'm going to put it all past a lawyer, once its passed the forum test.)
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Old Apr 20th 2015, 9:06 pm
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Default Re: Can I use ESTA for this special type of business activity?

Originally Posted by Pulaski
This is the thread that ran its course last year, including a cited case.
Thanks, having read it, 6 months is a lot longer than 10 weeks, I'm fairly sure a food prep program could be done in the UK.

Also an apprenticeship implies you're working for someone. The only person I would be working for is for myself, which will be putting the training that I've learnt into practice.

You learn the piano by playing, same with business.

But I see where you're coming from, thank you.

Last edited by henry2015; Apr 20th 2015 at 9:09 pm.
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Old Apr 20th 2015, 9:15 pm
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Default Re: Can I use ESTA for this special type of business activity?

Originally Posted by henry2015
Thanks, having read it, 6 months is a lot longer than 10 weeks, ....
But it's exactly the same principle - should you be in the US doing what you're planning to do? I suspect, per the letter of the law interpreted and clarified by case law, probably not.
I'm fairly sure a food prep program could be done in the UK. ....
I'm pretty sure a business/entrepreneurship training program could be done in the UK too!
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Old Apr 20th 2015, 9:19 pm
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Default Re: Can I use ESTA for this special type of business activity?

Originally Posted by Pulaski
But it's exactly the same principle - should you be in the US doing what you're planning to do? I suspect, per the letter of the law interpreted and clarified by case law, probably not.
I'm pretty sure a business/entrepreneurship training program could be done in the UK too!


I'm trying to get a quote/case that goes more into detail on this bit that I found:

Under a B-1 visa while its main use is not for productive activity such as operating a business, it is allowed if the "employment is ‘incident and necessary’ to the training”. (source: B visa, work visa for US, visitor visa, H1B, Gudeon & McFadden Immigration and Nationality Law), as it basically underpins my (perhaps shaky to some) argument.
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Old Apr 20th 2015, 9:30 pm
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Default Re: Can I use ESTA for this special type of business activity?

Originally Posted by henry2015
..... I'm trying to get a quote/case that goes more into detail on this bit that I found:

Under a B-1 visa while its main use is not for productive activity such as operating a business, it is allowed if the "employment is ‘incident and necessary’ to the training”. (source: B visa, work visa for US, visitor visa, H1B, Gudeon & McFadden Immigration and Nationality Law), as it basically underpins my (perhaps shaky to some) argument.
I believe/suspect in that case it is referring to existing employment i.e. your employer sending you to the US for the purpose of training, and therefore would not cover someone traveling to the US for the purpose of taking up employment, or otherwise "working".
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Old Apr 20th 2015, 9:31 pm
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Default Re: Can I use ESTA for this special type of business activity?

Your problem is, even if you find an example, it's up to the CBP office you talk to on the day, even if you get a B1 visa instead of using VWB, the guy you talk to after you land in the U.S. Can send you home on the next flight....
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Old Apr 20th 2015, 9:32 pm
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Default Re: Can I use ESTA for this special type of business activity?

Originally Posted by Pulaski
I believe/suspect in that case it is referring to existing employment i.e. your employer sending you to the US for the purpose of training, and therefore would not cover someone traveling to the US for the purpose of taking up employment, or otherwise "working".
Maybe you're right, maybe you're wrong.

Anyway, I've contacted some lawyers who do free consultations, let's see what they say!
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Old Apr 20th 2015, 9:36 pm
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Default Re: Can I use ESTA for this special type of business activity?

Originally Posted by henry2015
(source: B visa, work visa for US, visitor visa, H1B, Gudeon & McFadden Immigration and Nationality Law), as it basically underpins my (perhaps shaky to some) argument.
With respect, the only web source that has any validity (and even then it's not always 100% correct), is one that ends with .gov! These guys may be correct, but you should always go to the actual source.


The only person I would be working for is for myself...
Ah... there y'go again! You don't have permission to work for yourself. Do you see how easy it is to toss the word "work" into a conversation and have things very quickly turn bad?

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Old Apr 20th 2015, 9:38 pm
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Default Re: Can I use ESTA for this special type of business activity?

Originally Posted by ian-mstm
With respect, the only web source that has any validity (and even then it's not always 100% correct), is one that ends with .gov! These guys may be correct, but you should always go to the actual source.


Ah... there y'go again! You don't have permission to work for yourself. Do you see how easy it is to toss the word "work" into a conversation and have things very quickly turn bad?

Ian
I'm going to avoid the w word at all costs.
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Old Apr 20th 2015, 10:29 pm
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Default Re: Can I use ESTA for this special type of business activity?

Originally Posted by henry2015
I'm going to avoid the w word at all costs.
From the link you posted:

"Eligibility: Teams of 1 to 4 people may submit proposals as a team. Each team must include at least one student (graduate or undergraduate in Engineering or Computer Science) who was a full-time student in the 2014-2015 academic year. Not all team members must work in the Menlo Park Office full-time for 10-12 weeks during the summer; however, only those members working full-time will be eligible for the fellowship."

The wording may not help your cause...
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Old Apr 20th 2015, 10:44 pm
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Default Re: Can I use ESTA for this special type of business activity?

Originally Posted by henry2015
I've asked them and they said they don't help with visas. I want to hit back at them with this information, as long as its correct-ish.

(I'm going to put it all past a lawyer, once its passed the forum test.)
Vaguely amusing that an organisation offering mentoring fails at the first mentoring hurdle.
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Old Apr 20th 2015, 11:11 pm
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Default Re: Can I use ESTA for this special type of business activity?

Originally Posted by Boiler
Vaguely amusing that an organisation offering mentoring fails at the first mentoring hurdle.
Maybe part of the course is to improve or test your initiative!
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Old Apr 20th 2015, 11:25 pm
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Default Re: Can I use ESTA for this special type of business activity?

Originally Posted by Pulaski
Maybe part of the course is to improve or test your initiative!
So are we aiding and abetting in cheating?

How would you score so far?
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Old Apr 21st 2015, 12:17 am
  #29  
 
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Default Re: Can I use ESTA for this special type of business activity?

Originally Posted by Boiler
So are we aiding and abetting in cheating?

How would you score so far?
Reviewing my posts #11, #18, and #20, I think I have been the most negative of the posters on this thread. I don't believe what the OP is planning to do is covered by a B1 or VWP, and as we discussed last year on the thread I linked to, there likely isn't a visa for what he wants to do.

That said, I suspect that if he plays it cool he will likely be able to fly under the radar, as doubtless many thousands do each year under similar circumstances.
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Old Apr 21st 2015, 9:53 am
  #30  
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Default Re: Can I use ESTA for this special type of business activity?

Thanks guys for all the feedback, you've given some good perspective. First lawyer has said he can write a letter for $350.00 saying it is within the VWP.

Maybe new thread/topic, what're the good Immigration Lawyers?
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