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U.K. Citizen contracting in the US for a global company

U.K. Citizen contracting in the US for a global company

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Old Jan 28th 2016, 2:10 pm
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Default U.K. Citizen contracting in the US for a global company

Hi all,

Apologies if this question is repeated elsewhere, but I couldn't find anything with this specific situation...

I'm a UK citizen that may have the opportunity to freelance for a NYC based retailer that would require me to work in their head office for a period of between 3-6 months. I know I technically can't do this on an ESTA waiver, and having looked into temporary work visas, it still seems this is tricky to organise.

One work around I was thinking was that I work in New York, but am hired and paid through their London store/office. Would this be an option?


Thanks so much for your help in advance.
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Old Jan 28th 2016, 2:13 pm
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Default Re: U.K. Citizen contracting in the US for a global company

Originally Posted by Stevepostlethwaite
Hi all,

Apologies if this question is repeated elsewhere, but I couldn't find anything with this specific situation...

I'm a UK citizen that may have the opportunity to freelance for a NYC based retailer that would require me to work in their head office for a period of between 3-6 months. I know I technically can't do this on an ESTA waiver, and having looked into temporary work visas, it still seems this is tricky to organise.

One work around I was thinking was that I work in New York, but am hired and paid through their London store/office. Would this be an option?


Thanks so much for your help in advance.
Hi and welcome to BE

I've moved your post over to the USA section as this is where you are likely to get the best answers
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Old Jan 28th 2016, 2:20 pm
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Default Re: U.K. Citizen contracting in the US for a global company

It doesn't matter where you are paid. You need a visa.
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Old Jan 28th 2016, 2:50 pm
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Default Re: U.K. Citizen contracting in the US for a global company

Originally Posted by Stevepostlethwaite
Hi all,

Apologies if this question is repeated elsewhere, but I couldn't find anything with this specific situation...

I'm a UK citizen that may have the opportunity to freelance for a NYC based retailer that would require me to work in their head office for a period of between 3-6 months. I know I technically can't do this on an ESTA waiver, and having looked into temporary work visas, it still seems this is tricky to organise.

One work around I was thinking was that I work in New York, but am hired and paid through their London store/office. Would this be an option?


Thanks so much for your help in advance.
You could look into B1 in lieu of a H-1B paid from Non US source and similar educational criteria for a H-1B.
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Old Jan 28th 2016, 3:38 pm
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Default Re: U.K. Citizen contracting in the US for a global company

Originally Posted by Stevepostlethwaite
Hi all,

Apologies if this question is repeated elsewhere, but I couldn't find anything with this specific situation...

I'm a UK citizen that may have the opportunity to freelance for a NYC based retailer that would require me to work in their head office for a period of between 3-6 months. I know I technically can't do this on an ESTA waiver, and having looked into temporary work visas, it still seems this is tricky to organise.

One work around I was thinking was that I work in New York, but am hired and paid through their London store/office. Would this be an option?


Thanks so much for your help in advance.
There are no technicalities. Working is not permitted on VWP. No matter where the money originates from and to. However, You can attend a business meeting or a conference.

Is it possible to perhaps have a simple meeting in the US and then attend a UK office?
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Old Jan 28th 2016, 5:43 pm
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Default Re: U.K. Citizen contracting in the US for a global company

Originally Posted by Stevepostlethwaite
I know I technically can't do this on an ESTA waiver...
Never say "technically" when, in fact, you mean "actually". You actually can't do this!


... having looked into temporary work visas...
Temporary work visa is a misnomer... insofar as all visas have an expiry date.


One work around I was thinking...
There are no workarounds. The sole criterion is where your physical body is when the work is being done. If you are in the US, you need authorization to work... and that means a visa. The exception is if you are attending business meetings. That is allowed on ESTA/VWP but you're limited to a 90-day entry, and back-to-back 90-day entries are likely to raise a red flag with US immigration at the border. Oh... you can't work and simply call it a business meeting!

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Old Jan 28th 2016, 6:07 pm
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Default Re: U.K. Citizen contracting in the US for a global company

Work in London and you can be paid from the US?
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Old Jan 30th 2016, 8:09 pm
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Default Re: U.K. Citizen contracting in the US for a global company

If it's temporary, would an H-2 work? I believe it's usually used for resort workers and camp counselors, but I'm not sure it would apply to your situation.

- Eric S.
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Old Jan 30th 2016, 11:02 pm
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Default Re: U.K. Citizen contracting in the US for a global company

Originally Posted by Eric S
If it's temporary, would an H-2 work? I believe it's usually used for resort workers and camp counselors, but I'm not sure it would apply to your situation.

- Eric S.
Nope
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