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Soccer tryout - Looking for work?

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Old Dec 5th 2013, 12:12 pm
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Default Soccer tryout - Looking for work?

So I recently flew into the USA from London to attend a three day event I was invited to. I went on the VWP and I was playing football (soccer) for three days in front of a number of coaches from European teams looking to sign players. I explained this to the IO who asked "are you looking for work here?", I said no because the majority of coaches were from Europe so I was looking for a contract from one of the European teams.

In the future if a pro team from the USA invites me in for a trial/training spell, lets say a few weeks, to take a closer look at me obviously with a view to signing me, does this fall under the "looking for work" category? I know quite a few people who have spent time on the VWP with teams trying to earn a contract and it does seem like they are trying to earn a contract? Would it come under business on the VWP. Bit unsure at the minute.
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Old Dec 5th 2013, 12:35 pm
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Default Re: Soccer tryout - Looking for work?

Originally Posted by MikeCole
... does this fall under the "looking for work" category?
It wouldn't matter if it did... you are allowed to look for work while in the US on the VWP.

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Old Dec 5th 2013, 12:59 pm
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Default Re: Soccer tryout - Looking for work?

You are just interviewing and that is allowed. You just can't sign a contract while in the US but you can verbally accept the job.
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Old Dec 5th 2013, 2:07 pm
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Default Re: Soccer tryout - Looking for work?

Originally Posted by Michael
You are just interviewing and that is allowed. You just can't sign a contract while in the US but you can verbally accept the job.
Where does this "you can't sign a contract" keep on coming from?

Your employment in the US can't start until you have an appropriate visa and/or employment authorization but that isn't the same thing as "signing a contract".

Of course, it is quite likely that a prospective employer wouldn't actually want to enter into a contract with a prospective employee who didn't yet have the necessary visa but that is also a different matter.
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Old Dec 5th 2013, 2:38 pm
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Default Re: Soccer tryout - Looking for work?

It's probably ok though there is probably a gray area where the trial goes on for an extended period. Would you be deriving any benefit such as free board and lodging what would be the position if you actual represented the team in a friendly game?
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Old Dec 5th 2013, 3:51 pm
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Default Re: Soccer tryout - Looking for work?

Originally Posted by md95065
Where does this "you can't sign a contract" keep on coming from?

Your employment in the US can't start until you have an appropriate visa and/or employment authorization but that isn't the same thing as "signing a contract".

Of course, it is quite likely that a prospective employer wouldn't actually want to enter into a contract with a prospective employee who didn't yet have the necessary visa but that is also a different matter.
I might be a parrot since I'm just repeating what Ian posts over and over.
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Old Dec 6th 2013, 3:41 am
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Default Re: Soccer tryout - Looking for work?

Originally Posted by md95065
Where does this "you can't sign a contract" keep on coming from?
It comes from J Craig Fong. He said that you can look for work, interview, and verbally accept employment - all on the VWP, but that you can't sign a contract of any sort because in that moment you become a de facto employee and that isn't allowed without employment authorization.

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Old Dec 6th 2013, 1:04 pm
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Default Re: Soccer tryout - Looking for work?

Originally Posted by ian-mstm
It comes from J Craig Fong. He said that you can look for work, interview, and verbally accept employment - all on the VWP, but that you can't sign a contract of any sort because in that moment you become a de facto employee and that isn't allowed without employment authorization.
OK, thanks for that clarification.

I still think that it must depend on what the contract actually says though ...

I know of people who were hired by a multinational in the US on the basis that their employment would start immediately but that they would initially work out of one of the company's European offices while their visas were processed.

Not that any of this helps the OP in his situation since "working remotely" would not be an option.
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