cta

I've been offered an opportunity to work with a company in CA for three months this Summer. If things work out, the idea is to make the arrangement permanent.

Their suggestion is that I, a UK citizen, am contracted by their UK company during this period. They recommend travelling to the USA under the VWP.

Reading the available documentation, specifically this PDF and this one (making the assumption that being admitted under the VWP for business is legally similar to having a B-1 visa), this arrangement doesn't appear to be legal. I've seen it said on these forums that it's not who you're working for that matters, but where you're doing the work.

Can anyone offer any advice or clarification on this issue?

meauxna

What do you want to know? Can you go on the VWP and take a job in the US for 3 months on that status?

No.

fatbrit

Yep -- the company is trying to screw you over. And it's much more likely that you'll be the one left bleeding in the gutter than them.

cta

Certainly seems that way. How depressing.

A final VWP question... The stamp in my passport for my first trip to the US under the VWP has no 'Until' date, i.e. it was presumably for the full three months. The most recent stamp does include this date ("Admitted 02 Feb 2011, Class: WT, Until: May 03 2011"). I had thought deciding to extend ones stay under the VWP, as described in this thread, was OK. Does this include going beyond the date stamped in your passport?

meauxna

No. And it's not 3 months, it's 90 days. By law, you are admitted on the VWP for 90 days, no more. The traveler in that post was not trying to extend his VWP admission. He was admitted for 90 days but his ticket was for less. He was allowed to stay in the US only up to the 90 days.

There is no way to extend the VWP admission past 90 days.


And, you still could not work for any of those days.

cta

I meant extending a stay within the 90 day limit.

meauxna

IF you buy a ticket valid for .. say 60 days. You come to the US. You are admitted for 90 days.
Immigration-wise, no one cares if you change your ticket and leave on day 88 (it's not wise to book straight to the end.. volcanoes & whatnot).

Is that what you are asking?

cta

Yup, thanks. I was just curious about the fact that the last time I went the officer actually stamped my passport with my stated return date, which in that case was 30 days after arrival. Seemed odd given that I thought VWP was always 90 days, regardless.

meauxna

That may have something to do with your travel pattern that you haven't shared here. It could be a warning flag for you.

cta

Interesting. I don't think I've given them any cause to be worried. I was over for two months in the Summer of '09 and a month this last February. I did have an immigration interview on the first occasion, so I guess it's conceivable I was in some way flagged.

Eric S

It's up to the officer when you enter. He can give you 90 days. Or less. Usually it's 90. But if he's suspicious about something, or if he's having a bad day, or whatever, he may give you less.

- Eric S.