UK employee of US company; can I visit for meetings under VISA waiver?
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Hi all. My first post.
I have a question about business-related work in the USA during a visit under the VISA waiver programme.
Late November last year I joined a small startup, based in NYC. I was living in Sweden at the time.
We were a month or two ago bought by a slightly larger startup, also in NYC (about 20 people). I'm now living in London.
(I'm a Brit. British passport.)
I went to NYC for about ten days end of April/start of May, to meet everyone.
We have a H-1B application filed. This is currently being processed.
I'd like to be able to visit again, probably second half of July, for another ten days.
What's the form with the VISA waiver programme, in this regard?
I am an employee of this company, but I normally work in the UK. I'm going mainly to meet people, for us to make some bigger decisions, to keep in touch.
My general feeling from what I've read is that any visits during H-1B filing are fine in so much as you obviously want to be squeaky clean in your adherence to whatever VISA or waiver programme you're travelling under.
I think if I were employed by a UK company and were attending NYC to meet people at this startup, it would be fine; but where I'm actually an employee, but living in another country, the matter is not as clear to me.
I have a question about business-related work in the USA during a visit under the VISA waiver programme.
Late November last year I joined a small startup, based in NYC. I was living in Sweden at the time.
We were a month or two ago bought by a slightly larger startup, also in NYC (about 20 people). I'm now living in London.
(I'm a Brit. British passport.)
I went to NYC for about ten days end of April/start of May, to meet everyone.
We have a H-1B application filed. This is currently being processed.
I'd like to be able to visit again, probably second half of July, for another ten days.
What's the form with the VISA waiver programme, in this regard?
I am an employee of this company, but I normally work in the UK. I'm going mainly to meet people, for us to make some bigger decisions, to keep in touch.
My general feeling from what I've read is that any visits during H-1B filing are fine in so much as you obviously want to be squeaky clean in your adherence to whatever VISA or waiver programme you're travelling under.
I think if I were employed by a UK company and were attending NYC to meet people at this startup, it would be fine; but where I'm actually an employee, but living in another country, the matter is not as clear to me.
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Yes (VWP specifically allows attendance at business meetings).
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What's the form with the VISA waiver programme, in this regard?
Ian
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My old boss almost ran afoul of the rule saying you shouldn't spend more time in the US than out. He was interviewing some US staff for our team and setting up a server for the software we supported at our US corporate location. I don't think he needed to get an official work visa, but from what I heard it was close.
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My old boss almost ran afoul of the rule saying you shouldn't spend more time in the US than out. He was interviewing some US staff for our team and setting up a server for the software we supported at our US corporate location. I don't think he needed to get an official work visa, but from what I heard it was close.
It will have been 75 days since the 10 day visit, so I hope we're okay for now.
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Think about it: your company could NOT hire a US citizen (or PR), to attend the meeting in stead of you. You are perhaps representing the UK office, or bringing your own expertise and experience, therefore you are not doing anything that a USC could/ should be doing, and don't need a visa.
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As a matter of law and the way you describe it, it is permissible. On how to do things and make sure it fits your facts, a legal consultation may be in order.
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