melb2007

Hi,
Can an Australian citizen go and work in US for 90 days on short term contract? If yes, what are the tax implications? pay tax in OZ or US or no where?

dbj1000

There are no tax implications because you can't legally work here without a visa, and there isn't one for a 90-day contract.

JAJ

Maybe the E-3 visa?

melb2007

that is what I thought becuase I lived in US for 4 yrs on H1-B back in 1997-2001.

However my friend who is both Australian and UK citizen got a job offer from a company based in Perth and he will be working in US without any US visa for 90 days. My friend was also told that there is no tax laibility becase its considered export. My friend would be based out of Ohio for these 90 days.......

I was thinking about it for long, did some research but could not find the answer hence came to you experts looking for an answer........

so its not legal and right and somebody is either telling lies or playing with the system......

Thanks, I know of E3.........i worked in NYC, I am afraid my friend is mis-informed and may end up being illegal in US......

dbj1000

Your "friend" won't "end up" being illegal. He was illegal from the moment he started work in the US without a visa.

melb2007

he would be paid in AUD and he will not have to pay GST here becuase its considered export.....so he goes to US for 90 days, works there and comes back.......this is illegal, I could not justify this when I heard it, I have spent long enough time in US and was in queue for my GC (born in india) before I gave up and moved to UK and then Australia....

this is totally wrong!!!!!!!!do many people do this? I am really afraid as to what my friend is upto.....I have tried my best to convince my friend........Srilanka is eligible for lottery system, this is best way why take risk like this for few thousand dollars.........I do not know what to do........

Noorah101

I don't think there is much YOU can do. All you can do is advise your friend to do more research and find out for himself. On what visa is he planning to come to the USA for those 90 days? The VWP? There is NO working on the VWP at all, not even for the overseas company. All you can do is tell him that and hope he listens, but if he doesn't don't concern yourself too much about it...it's his problem.

Rene

melb2007

yes that right VWP, he says if he likes the work in US he will apply for E/H visa......this is illegal.........I walked out of the relationship about 4 months ago when this whole discussion started, I talked to him again on weekend on phone thinking he might have changed his mind, but nope. He will be landing in US in 2 weeks time, working on VWP.........

I am sad my relationship is broken for this silly thing but I dont want any bit of this illegal thing, so I walked out......hard it was......we were thinking of getting enagaged this christmas then start building our house and marry in next couple of years.......

melb2007

his mother living in London does not know what her son is upto...should I tell her......forget about the relationship, he is doing wrong thing....there could be serious consequences.......I am upset, sad and confused.....

Noorah101

First of all, define "work". What exactly will he be doing for 90 days? Things like meeting with potential clients might be allowed (I'm not 100% sure), but it is my understanding he is not to receive a paycheck for anything he does during his 90-day visit here. If he comes on the VWP, he should be on vacation from work, or take a leave of absence from his work.

If I'm wrong, I"m sure someone will chime in.

Oh, and for the record, I wouldn't tell his mom anything. That's his responsibility.

Rene

fatbrit

Precisely! It's not so cut and dry. Say an OZ firm has contracted to supply a giant widget maker to a US firm. No reason he couldn't come over and oversee the setting up and initial training on a VWP.

melb2007

he would be working, as IT consultant. He will be paid in AUD and would be given a place to live and per diem for food and car for commute....he is in IT and would be responsible for delivery of a system and meeting deadlines.

Yep that is what I thought about his mother, anyways she is housewife, does not know anything, she was 40 when she left srilanka and have never worked in life, but I do worry if something wrong happens to him, deported or something......he does not have a father and is only child. I have tried my best to inform him of the consequences.....

Noorah101

Well, perhaps if he's just delivering a system and making sure it's installed correctly....he might be OK (see fatbrit's comment).

Either way, if he's not ever intending to immigrate to the USA, this trip most likely won't have any bearing on his life in the long run.

He might want to meet with a US Immigration Lawyer for a one-time consultation, just to make sure that what he plans to do on the VWP is indeed allowed. That way he can make an informed decision whether to do it or not.

Rene

Marocco

It's very common for small consulting companies to send people overseas without bothering about visas. The employees jump up at the chance of spending a few months overseas, and they assume everything is ok because their bosses tell them it is. Most of the time they seem to get away with it.

tonrob

My company continually has European employees over for work purposes, albeit not for 90 days - usually 7-14 days tops. We have about 3 or 4 different people over each week on average, and have done so for years - all using the VWP. I did this myself many times before being transferred over with an L-1/

Are we trying to say this is illegal?