hsimah

Morning.

UK citizen owning a C.Corp need to go and spend some time making sure it is running as I would like. Probably something like 8 - 10 weeks, then maybe 2 weeks a quater.

Do I need to get a B1 visa every time I want to visit or can I use the VWP as there seems to be a WB (Temporary Business Visitor) that is a part of that?

The majority of the work I would perform would be managing the business. Negotiating with suppliers, dealing with the bank, employing people, marketing etc.. There would be very little, if any, of what might be considered real work.

md95065

"Managing the business" is "real work".

hsimah

Well yes I know that, it is after all my business. But you know what I mean.

I'm not in the US providing any service to our customers. Mostly I am out of the country making a few decisions, doing the financials etc.

It's not a big business but it employs a few people who are very capable and work very hard for me and in truth I have been a little neglegent in repaying them by not focusing enough on growing the business and thus providing them a safer future.

I intend to change that.

This means taking a much more hands on approach to the day to day running of the business, some of which will need to be done on site.

I don't want to risk running foul of any visa issue just though making assumptions about the VWP.

So should I get a B1 visa and can this cover a period of multile visits or do I have to get a new one every time I visit? I know you need to specify and end date.

scrubbedexpat099

E2 or L1 by the sound of it.

hsimah

Except I'm not yet immigrating. I'm just going over for an initial period to straighten things out then for a few visits a year to keep on top of things.

I'm not even sure if I would qualify for either the E2 or the L1.

E2
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I think have borrowed to high a % of the company value so I'm not "at risk" enough.
I already own and opperate the company and have for a while. E2 seems to be for buying a company and moving on the strenght of that. Is it still applicable if I have owned the company for a while?

L1
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I do not own a company outside of the USA.

This company is not associated with any other company outside of the USA.

It does not trade with anyone outside of the USA.

Have to admit I get a little confused between the L1 and the EB1 though.

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I believe that I should be able to just go and perform executive/managerial duties for a company I own using the VWP and will have WB as my entry code. But you know how much it can complicate matters when you arrive on a VWP and say "here for business".

I'm not sure how likely it would be that I would even be issued a B1 as I can use the VWP and I'd really like to avoid a denial.

scrubbedexpat099

Neither of them were Immigrant categories.

Maybe a H1b but it sounds a bit of an ask.

There could well be no appropriate visa.

hsimah

Sorry.

I know neither the E2 or the L1 is an immigrant visa that's just my poor terminology.

Can't see myself going through the hassle of trying for an H1B for what is essentially a few months work. Also these are capped which not only makes it less likely that I would get one but means if I do get one I could be denying someone with a much more reasonable case.

I'm really not sure if there is a visa for this case either, that's why I was looking at a B1.

In the long term I will probably have to find out what the rules are regarding an EB-1 "Multinational manager or executive". Mainly what the "Your employer must have been doing business for at least 1 year.." part means exactly.

Maybe I'll start a new thread for that

So I guess I'll just go out on the VWP and see what they say. Chances are I'll be too scared to say "Business" when they ask me anyway.

S Folinsky

What does your immigration lawyer say?

Noorah101

Scared or not, you MUST be honest at the POE. It IS possible to be admitted on the VWP if you have certain business activities, but it MUST be declared at the POE, and I don't know what "business activities" are allowed. So have a consultation with an immigration attorney to sort it out before you arrive at the US POE, and then be honest at the POE.

Rene

scrubbedexpat099

If he told the POE what he said on this thread I think he would have reason to be concerned.

Noorah101

I agree, that's why he needs to consult first with an immigration attorney.

Rene

hsimah

Yeah, you are unfortunately right I think. It's just not clear to me and I don't want to run any risk of denial and I certainly don't want to lie to the POE.

I'm still shaking thinking my son might have overstayed earlier this year

I was trying to avoid a consultation cos they can be expensive especially when it's not clear cut and I was hoping there might just be a simple solution.

I still think a B1 might be the way to go, but it does clearly state on the USCIS site that you can enter for business with a VWP.

scrubbedexpat099

You want to work in the US for the US company, that is the problem.

S Folinsky

By way of general comment -- US immigration laws can be fiendishly complicated. On top of that, it is administered by individuals whose training is not all that good.

I have observed that many of the regular posters here will, even when wrong, accurately reflect a likely reaction of a border guard. Forewarned can lead to being forearmed.