ian-mstm

The only thing that's changed is the method of delivery... it's still made up shit!

Ian

fozzyb

Pedant mode on...

A business in the UK without a US presence could sponsor you to open a branch of the company in the US.

IlAlfie

But I don't think it is. After all, what is the substantive reason why you can't do remote work in the US under the VWP? There are many reasons, I'm sure but I think this is one/some of them. This is the way I processed the explanation from the immigration attorney. I also, at the time, couldn't understand why the US would care if worked remotely or did consultancy as it wouldn't really matter if I did until the immigration attorney told me I couldn't.

So imagine OP does 3 months of VWP working remotely. Huge success and she gets some contacts and more work. Her boss decides to do the same with Bob. And then with Jim. And then with Ian. And so on. After all, it's not really hurting anyone and what are the substantive reasons not to do it? They get great US contacts and business in the UK is improved, so where's the harm?

Well there's a job being created in the US which should be eligible for US citizens or LPR's and if you send VWP folk from the UK you're not creating that job. If you can't find a US resident then you can go down some of the visa routes.

There's also the lack of tax receipts, social security etc.

And then there's the lack of job creation in the US. This employer is not creating a bona fide job in the US so it doesn't appear in the books.

So sure, there are many reasons why you can't work on the VWP but some of them are contained above. So it's not a shit reason. I was attempting to explain to the OP some of the reasons behind why you can't work on the VWP - not just that 'you can't and that's it'.

scrubbedexpat099

Working remotely has been discussed as nauseum on here, like I said it is a grey area.

IlAlfie

I agree, it's very grey and the rationale isn't clear but them's the rules!

sir_eccles

It is grey, but it isn't particularly grey in your favour. As soon as you tell the officer "business" and then he asks more questions about what you are doing and he doesn't like your idea of living in the US for 90 days without the correct visa, that's it.

ian-mstm

Of course it is. You wrote, "The way they look at is that if you can work here remotely for 3 months, then that short job should go to someone who is a legal resident here i.e. an American or a green card holder and who will be paying taxes."

Regardless of what you've been told, US immigration doesn't care who takes up the slack... so what you've been told is simply wrong. The end reason is based on faulty logic because who does the work is not their concern.


It still is.


I'm sure there is a reason... but it's not because someone else could be doing the work! I blame the attorney for making up stuff and passing it off as a reasonable excuse.

Ian

tantrum

Speak to an immigration lawyer. If you are just looking to live in the US for less than six months then you may be able to get a B1 in lieu of H1B. In that case you can (and have to) work for a UK company and not receive any income from the US. If you are a freelancer working from your own limited company then you are effectively sponsoring yourself.

At the embassy interview in London you may need a decent reason for wanting to work in the US, but it depends on what you get asked.

civilservant

Um... no. You cannot work in the US, even on a B1, except for some narrow defined exceptions. For example, to receive training or attend meetings.

tantrum

On a B1 no, but it's not a B1, it's a "B1 in lieu of H1B". They are different visas. <<<snip>>>

sir_eccles

It would be a bad idea to give out faulty immigration advice out by pm.

I don't believe a b1 in lieu of h1b will be for working for a Uk company. Also they are getting harder to get due to them being abused.

tantrum

But it's OK to give fault advice in the forum? I'm working remotely from the US for a UK company on a B1 in lieu of H1B visa at the moment so I know the process. Anyway, as I suggest, the OP should discuss it with an immigration lawyer to see if she's eligible for this or something else.

ian-mstm

Yes... in the sense that in the open forum information can be quickly corrected. Private information doesn't have the same level of scrutiny.

Ian

Jerseygirl

I take it you haven't read the sticked threads at the top of this forum. Please do...especially this one...

http://britishexpats.com/forum/us-im...stions-830699/

IlAlfie

You seem to spend a lot of time saying why this explanation isn't possible but you don't actually come up with any explanation other than 'I say it's not right.'

When you've your law degree with expertise in immigration I'll listen to you. Until then, you're just a guy in a forum who is whistling in the wind. Did you even come to the U.S. on a work visa? What's your personal experience in all this? What I've valued in the BE forum is the sharing of personal experience: not some random's faux immigration law knowledge and someone who seems to feel that they need to play the big man.

Anyway, a PDF of your law degree will be sufficient for me. Until then,move along Ian. Your unpleasant and ugly communication in this forum is well known. I have no idea why you bother to be so rude. Perhaps you're lonely and bitter. Who knows?