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-   -   What type of VISA? UK 'employee' consulting in USA (https://britishexpats.com/forum/us-immigration-citizenship-visas-34/what-type-visa-uk-employee-consulting-usa-449562/)

corduroy pillow May 12th 2007 2:22 pm

What type of VISA? UK 'employee' consulting in USA
 
Hi All,

Hope you can help with this;

I have a chance to consult and help out a small independant US company right now but cant get a H1B visa in time. The window of opportunity is small so I must act fast. I obviously dont want to go over there 'on holiday' and get paid in a dodgy way as that would of course be illegal.

So I've thought of a plan to set up my own company in the UK and fly over to the US as an employee of my UK company to consult a business in the US. The idea is that the US company will bill the UK company. I'll be paid by the UK company.

The idea is to avoid the need to get a H1B visa which will be too time consuming and instead just use a Visa Waiver instead. The opportunity to consult for the US company is very time limited so its something I want to do asap. I think I'm repeating myself sorry!

The question I have is - is that possible? I've looked and looked and it seems to be a grey area that isnt covered anywhere online. I understand that you cant work 'for' a US company without an H1B but if I work for the UK company do I get through the loop hole? What would I say to immigration?

Many many thanks for help in advance =) Fingers crossed

WittyPurple May 12th 2007 6:29 pm

Re: What type of VISA? UK 'employee' consulting in USA
 
My previous company was British, and to work in the US on behalf of them I still needed to have an H1B. You cannot work at all (is my understanding) under the visa waiver program. It can only be used to attend meetings or visit the US, not to work in any way.

WittyP

[email protected] May 12th 2007 6:56 pm

Re: What type of VISA? UK 'employee' consulting in USA
 
On May 12, 10:22 am, corduroy pillow
<[email protected]> wrote:
> Hi All,
>
> Hope you can help with this;
>
> I have a chance to consult and help out a small independant US company
> right now but cant get a H1B visa in time. The window of opportunity is
> small so I must act fast. I obviously dont want to go over there 'on
> holiday' and get paid in a dodgy way as that would of course be illegal.
>
> So I've thought of a plan to set up my own company in the UK and fly
> over to the US as an employee of my UK company to consult a business in
> the US. The idea is that the US company will bill the UK company. I'll
> be paid by the UK company.
>
> The idea is to avoid the need to get a H1B visa which will be too time
> consuming and instead just use a Visa Waiver instead. The opportunity
> to consult for the US company is very time limited so its something I
> want to do asap. I think I'm repeating myself sorry!
>
> The question I have is - is that possible? I've looked and looked and
> it seems to be a grey area that isnt covered anywhere online. I
> understand that you cant work 'for' a US company without an H1B but if I
> work for the UK company do I get through the loop hole? What would I
> say to immigration?
>
> Many many thanks for help in advance =) Fingers crossed
>
> --
> Posted viahttp://britishexpats.com

If that's just a meeting or two, look like the visa waiver would be
ok.

To stay in the US long term, you would have to look into a visa L-1

[email protected] May 12th 2007 7:30 pm

Re: What type of VISA? UK 'employee' consulting in USA
 
On May 12, 2:29 pm, WittyPurple <[email protected]>
wrote:
> > Hi All,
>
> > Hope you can help with this;
>
> > I have a chance to consult and help out a small independant US company
> > right now but cant get a H1B visa in time. The window of opportunity
> > is small so I must act fast. I obviously dont want to go over there
> > 'on holiday' and get paid in a dodgy way as that would of course be
> > illegal.
>
> > So I've thought of a plan to set up my own company in the UK and fly
> > over to the US as an employee of my UK company to consult a business
> > in the US. The idea is that the US company will bill the UK company.
> > I'll be paid by the UK company.
>
> > The idea is to avoid the need to get a H1B visa which will be too time
> > consuming and instead just use a Visa Waiver instead. The opportunity
> > to consult for the US company is very time limited so its something I
> > want to do asap. I think I'm repeating myself sorry!
>
> > The question I have is - is that possible? I've looked and looked and
> > it seems to be a grey area that isnt covered anywhere online. I
> > understand that you cant work 'for' a US company without an H1B but if
> > I work for the UK company do I get through the loop hole? What would
> > I say to immigration?
>
> > Many many thanks for help in advance =) Fingers crossed
>
> My previous company was British, and to work in the US on behalf of them
> I still needed to have an H1B. You cannot work at all (is my
> understanding) under the visa waiver program. It can only be used to
> attend meetings or visit the US, not to work in any way.
>
> WittyP
>
> --
> Posted viahttp://britishexpats.com- Hide quoted text -
>
> - Show quoted text -

You cannot work, but you can attend business meetings ...

Seems like you need to seriously look into the L-1 visa:
http://www.google.com/search?q=l-1+v...=revision&cd=1

corduroy pillow May 12th 2007 7:42 pm

Re: What type of VISA? UK 'employee' consulting in USA
 
Thank you! Id be there long term actually. Well over 3 months I think in the end. Appreciate your advice WittyPurple =)

corduroy pillow May 12th 2007 10:16 pm

Re: What type of VISA? UK 'employee' consulting in USA
 
Thanks for that. Much appreciated.

corduroy pillow May 12th 2007 10:17 pm

Re: What type of VISA? UK 'employee' consulting in USA
 

Originally Posted by WittyPurple (Post 4771242)
My previous company was British, and to work in the US on behalf of them I still needed to have an H1B. You cannot work at all (is my understanding) under the visa waiver program. It can only be used to attend meetings or visit the US, not to work in any way.

WittyP

Thank you for that. Its definitely a help. I did think as much.


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