Can I use ESTA for this special type of business activity?
#16
Just Joined
Thread Starter
Joined: Apr 2015
Posts: 15
Re: Can I use ESTA for this special type of business activity?
#17
Just Joined
Thread Starter
Joined: Apr 2015
Posts: 15
Re: Can I use ESTA for this special type of business activity?
This is the thread that ran its course last year, including a cited case.
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.
#18
Re: Can I use ESTA for this special type of business activity?
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 fairly sure a food prep program could be done in the UK. ....
#19
Just Joined
Thread Starter
Joined: Apr 2015
Posts: 15
Re: Can I use ESTA for this special type of business activity?
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 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.
#20
Re: Can I use ESTA for this special type of business activity?
..... 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.
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.
#21
DE-UK-NZ-IE-US... the TYP
Joined: Mar 2010
Posts: 2,854
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....
#22
Just Joined
Thread Starter
Joined: Apr 2015
Posts: 15
Re: Can I use ESTA for this special type of business activity?
Anyway, I've contacted some lawyers who do free consultations, let's see what they say!
#23
Account Closed
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: Can I use ESTA for this special type of business activity?
The only person I would be working for is for myself...
Ian
#24
Just Joined
Thread Starter
Joined: Apr 2015
Posts: 15
Re: Can I use ESTA for this special type of business activity?
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
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
#25
DE-UK-NZ-IE-US... the TYP
Joined: Mar 2010
Posts: 2,854
Re: Can I use ESTA for this special type of business activity?
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...
"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...
#26
Account Closed
Joined: Mar 2004
Posts: 2
Re: Can I use ESTA for this special type of business activity?
Vaguely amusing that an organisation offering mentoring fails at the first mentoring hurdle.
#29
Re: Can I use ESTA for this special type of business activity?
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.
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.
#30
Just Joined
Thread Starter
Joined: Apr 2015
Posts: 15
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?
Maybe new thread/topic, what're the good Immigration Lawyers?