nick101

Hi There,

I searched the threads and I couldn't find one that answered my question.

I'm heading to the states to visit friends and go to a wedding on the Visa Waiver program for just under 90 days and I want to know more about the boundaries for work - relating to my job back home (not for companies in the usa).

I will be on holiday, so I am not planning on doing any work , but I might get asked to do some work for my employer back home, in which case they will tax me and pay me back home.

Is that defined as "work" that would violate the VWP or should I not worry about it?

Noorah101

"Work" is anything you normally do at your daily job back home. It doesn't matter where the company is, or where the paycheck goes. You aren't supposed to do that work while physically inside the USA. Personally, I'd avoid it and just enjoy your trip without working at all.

Rene

ian-mstm

I respectfully suggest that you searched the threads but didn't find the answer you wanted to find. Rather, you got the truth.


You can not work in the US without specific permission... which you will not have if you enter on the VWP.

Ian

nick101

Thanks, nice and clear

Very much looking forward to the break!

jeffreyhy

In contrast to other posters, with whom I normally agree, I would not worry about it. I don't see how what you are proposing violates either the spirit or the letter of the law.

Regards, JEff

nick101

Thanks for taking the time to post. I spent about an hour googling and 15 minutes going through the forums.

In case you were wondering what threw me off was the on the ESTA application help page where it talks about eligibility for business:
I'm still not sure how it works, but I'm going to avoid doing work because I'll be on holiday.

Noorah101

Immigration-wise, there is a distinction between "business" and "work". You can use the VWP for certain business related activities, such as meeting with a client or attending a trade show, for example. What you are not supposed to do is regular work on a daily basis.

Rene

jeffreyhy

The business purpose would be business activities that need to be conducted in the USA because the USA is where the activities are happening. You are not coming to the USA for the purpose of conducting or participating in business activities taking place in the USA, you are entering for the purpose of vacationing in the USA. The fact that you might be called on by your employer back in the UK do something that you would do in the UK if you were in the UK does not change that.
That's what I do. I could check my e-mail and jump in on something if I wanted to, whether in my country or in some other country, but I'm away from the office for a reason and someone else can handle it if it can't wait. Regards, JEff

nick101

Thanks again all, I wanted to explain the source of my confusion and why I started the thread.

Looking forward to a monster holiday in 2 weeks.

henryh

Answering a few emails, reviewing some reports, writing a little code etc for the company back home isn't going to be a problem.

Using the US as a base of operations to conduct serious long-term full-time work, even if invoices/salary/taxes are nominally handled in another country, is not allowed on the VWP.

zerlesen

I would think it does violate the letter (insert obligatory "not a lawyer" comment here). Either way, the situation *as described* is not likely to become an enforcement priority for ICE. Where does the slippery slope begin, though?

jeffreyhy

Lawyer or not, what is the basis for your thought? You've looked at the applicable law? Or you repeat on faith only what you're read in other "not a lawyer" posts?

Regards, JEff

ian-mstm

I don't necessarily disagree, but it fundamentally changes the question from "Is this work?" to "Can I get away with it?" I'm not sure about the first part... but the answer to the second part is probably "yes".

Ian

md95065

To be pedantic, the correct question is not "is it work" but "is the activity allowed if you have been admitted to the US under the VWP"? Answering that question would require examining the applicable law in more detail than I am qualified to do. I am not certain that the word "work" even appears in it ...

zerlesen

Steady on, JEff. As far as that goes, you're not providing citations either.