nellie3

Hello there,

I'm about to make the move to the US on an O3 visa in a couple of weeks and would be very grateful for any advice from others in my position.

I am a freelance illustrator in the UK and am represented by an agency who manage all of my payments and contracts. I understand that I am unable to accept work under this visa classification so am weighing up my options for the interim period before I apply for my own O1 visa.

Would I be allowed to travel back to the UK for a few weeks at a time to work on and submit projects? Would payments for these projects have to be made during that time or could they be made to my UK bank account whilst I was present in the US? If I started a project in the UK and finished it in the US would that be classed as a violation of my visa?

Thank you in advance for taking the time to read my questions - it seems to be a very grey area of the law and I'm having a hard time finding any definitive answers!

Pulaski

You can do what you like outside the US, so yes you can travel back to work.

It is the "work" that is not allowed in the US, so you shouldn't be doing that while you're in the US. Will anyone notice? ..... That's a whole other question!

As you will be "resident" in the US when you're on an O-3, so you will have to pay US tax on the income (I assume you're paid "gross" in the UK as a freelance contractor). So it doesn't matter when you are paid. If you pay tax in the UK because you earned it there (and I suspect you will but I am not an expert on the nuances of tax on contractors) the tax paid can be used to offset your tax liability in the US.

US visas and taxation are entirely separate matters and there is nothing at all incongruous about having taxable income and yet no visa that allows work in the US. The CBP cares that you don't work in the US without a visa to do so, and the IRS cares that you pay your taxes, that's all.

Noorah101

I would be careful about beginning a project in the UK and then finishing it in the USA. To me, that sounds like you'll be working on the latter part of the project while physically inside the USA, which is not allowed.

Rene

nellie3

Thanks for your replies! I definitely don't want to do anything that's not allowed on my visa so it's good to know I can fly back to the UK in the short term if needs be.

The tax does seem to be quite complicated so I'll seek some advice on that front as well.

wikigardening

Hello - this is slightly off topic! It's just I'm about to go to USA on an 03 and I had a sudden look that people are talking about getting vaccinations and also getting sealed packs after getting their visas. Did you get/have any of those. Interesting about how strict the working is. I'm also freelance and thought I could work for the UK in the USA. ps are you there yet or still in the UK?

Pulaski

No, absolutely not! This question is already answered, clearly and in detail, in my post #2, above. .... With the added info that even if you choose to flout the visa regulations prohibiting work while you are in the US you would be ill-advised to also evade US taxes.

nellie3

Hi there,

Congrats on your move to the US! I've already made the move and without any need for vaccinations or sealed packs? Not quite sure what this would be for and it's the first I've heard of it!

The working situation is very strict, as pulaski mentions below. I was advised (in a very friendly way) at my embassy appointment to give up my freelance work while there until I obtain my own work visa. It is a frustrating position to be in but I'm trying to view this time positively while I start to gather material for my own O-1 application.

Hope this helps - let me know if you have any other questions.

wikigardening

So relieved about the vaccinations and sealed packs. Suddenly I feel on unsteady ground everywhere! Can I ask, did you ship stuff - did take a long time? Did you rent and have trouble with no credit history? I get the message as well - no work, just play!

nellie3

It is a bit of an unsettling time but I have survived to tell the tale! I didn't ship anything over so I'm not much help on that front. I'm sure someone in one of the other threads will be able to point you in the right direction.

Same goes for renting! We got lucky and had some friends who had to move out of their apartment just as we needed to find somewhere which has made things a *lot* easier. From reading the other threads here and from talking to some friends, you might have to be prepared to pay a couple of extra months up front to get past the credit check. A quick look on Yelp at realtors in your area will sometimes show reviews from other expats who've had an easier time renting from that agency.

Pulaski

Surface shipping to the east coast takes about six weeks, to the west coast about eight weeks. Airfreight takes less than a week.

You may have more success renting from a private landlord who isn't beholden to the rigid policies of corporate landlords and rental agencies. Start with web sites likes zillow.com and postlets.com (those two are related).

ian-mstm

You'll likely get better responses in the general USA forum... because these questions are not immigration-related.

Ian

lizzyq

Hi I'm another O-3 spouse and am quite enjoying not working at the moment (though I have been to the UK & Europe for completing business commitments back there). The vaccinations and sealed envelopes only apply to immigrant visas (the O visa is non-immigrant) leading to permanent residence and green cards (or equivalent stamp in passport) on arrival in the USA.

wikigardening

Thank you for all your replies. This website is such a wonderful place. I am finding organising the move stressful so it's great to be able to come here and get help and advice.