Toodlepip123

Hiya

I've spent a couple of hours trying to figure out which visa I would need and my brain is melting a bit, so thought I would see if anyone could gently advise me in the right direction.

Basically, my UK employer would like me to travel to the US to:

- attend company meetings with US based staff.
- attend client meetings with US based clients.
- attend pitches for work with my direct line manager who is employed by the US branch.
- attend conferences as both a participant and speaker.

Stays would rarely be longer than a week, and never more than 2/3 weeks.

I have looked into all of the available visa routes and cannot figure out which one is suitable. A caveat - I cannot travel on the Visa Waiver scheme due to a conviction for drug possession in 2000.

Also, all of the company's employees, myself include, are home workers. I am based in the UK and affiliated and paid by the UK office. However I am a department manager overseeing international clients and managing a team of staff dotted around the world, including US based ones.

The conviction aside, which visa should I be applying for? From what I gather:

- B1: Would allow me to attend pitches and conferences, but I can't figure out whether I would be able to attend company meetings, and perform regular work duties such as responding to email, managing my team and projects from the US when not at meetings.

- H1-B: clearly missed the boat on this one, but is it overkill for what the company needs me to do? They have no intention on me relocating.

- L1: Same as above; no plans on me living in the US or drawing a US salary.

- J1: Doubt I fall under this.

- O1: I work in a very new industry, and can probably just about scrape together enough to have a shot at this, but again seems like a lot of work if there is a better option in the list above.

Or can I do all of this under the VW? I've sene some answers to other threads saying to try applying for it and tick yes for "convicted/controlled substances". If it is approved, do I risk rejection on arrival at POE anyway? If it is turned down, does it count s a failed visa application, or do I just lose my money?


Could anyone suggest which visa would be best suited for me please? Any help very much appreciated!

ian-mstm

Just a quick FYI: even if you were able to get a visa, your drug possession conviction makes you inadmissable to the US without a waiver... which you can submit only after your visa is denied.

Ian

Toodlepip123

Thanks Ian Fair enough. But which visa should I be applying for so I can denyed and then submit my waiver application?

Bob

Company lawyer should be able to advise you...

But in my none lawyer opinion, I'd probably be asking about the B1.

ian-mstm

I agree with Bob... a B-1 visa is probably your best bet. Note that US immigration makes a distinction between "business" and "work". From the description of your duties, it sounds more like you will be in the US on business.

Ian

Toodlepip123

Lovely, thank you both for your help.

crg

Some of the activities he is describing could go either way depending on the circumstances. For example, trying to sell things to customers who would receive the goods/services from the US entity may not be permissible under the B-1. B-1 can be restrictive.

A BMW representative can't come over from Germany and take retail customers on test drives around the BMW USA car lot and then try to sell them one.

http://www.state.gov/documents/organization/87206.pdf

md95065

But he probably could sit in the back seat and answer questions about the vehicle while a US salesman sat in the front and did the sales pitch ...