Frequent US Trips on ESTA

[ozscot]

Hi All,

For the past few years I've been visiting customers in the States 3 or 4 times a year using the ESTA visa with no problem. We have a new project launching there and the client has asked me to allow for working locally one week in each month for the first year. I run my own IT business. The activities over there are really no more than hand holding and demonstrating our commitment to, and importance of the project by making the principal available.

Uuurgh! Not very palatable but it's a good deal. Do you think it's permissible to do this sort of travel using ESTA, or would another visa be required?

This is based in North Orange County. When I'm there infrequently I usually stay at an Embassy Suites which is dated but ok. For such regular visits I'm wondering if there's anything better, and more apartment than hotel like in the area? Would it be crazy to look at buying something there?

Cheers,
Steve

 

[dk4]

...the client has asked me to allow for working locally...

If you are a "visitor" who plans to “work” in the USA then you need a "visa", if however you are a "visitor" who plans to do “business” in the USA, then you may be eligible for a "visa waiver". Subject to meeting the ESTA conditions.

Examples of a “visitor” conducting “business” in the USA Visitor Visas - Business and Pleasure

For example, if the purpose for your planned travel is to consult with business associates, travel for a scientific, educational, professional or business convention, or conference on specific dates, settle an estate, or negotiate a contract...

More on "Business Travel to the USA" http://travel.state.gov/pdf/BusinessVisa.pdf

The Visa Waiver Program can be used by eligible "visitors" travelling to the USA for "business" and/or "tourist (inc. medical treatment)" reasons, to "waive" the need for a "visa". VWP checklist - http://travel.state.gov/pdf/VWP-QuickReferenceGuide.pdf

 

[pshepvic]

I have a B1/B2 Visa and get questioned everytime I enter the US, so think it is actually easier not to have the Visa! Have to make sure you tick that you are there for "business" though and not "work" - where work effectively means you are earning in the US as opposed to business where whilst you might technically be working, you're still being paid in Oz.


Sent from my iPhone using AustFreqFly app

 

[dfcatch]

I have a B1/B2 Visa and get questioned everytime I enter the US, so think it is actually easier not to have the Visa! Have to make sure you tick that you are there for "business" though and not "work" - where work effectively means you are earning in the US as opposed to business where whilst you might technically be working, you're still being paid in Oz.


Sent from my iPhone using AustFreqFly app

Yes I had the same a few years ago.

Had a B1/2 visa but was only staying 3 weeks on that trip. That seemed to alarm Officer Martinez who was suspicious "Why do you have a visa then? You don't need it? You only need a visa if you intend to stay longer? etc etc"

 

[pshepvic]

Yes I had the same a few years ago.

Had a B1/2 visa but was only staying 3 weeks on that trip. That seemed to alarm Officer Martinez who was suspicious "Why do you have a visa then? You don't need it? You only need a visa if you intend to stay longer? etc etc"

Yeah I was living in Canada and according to all official websites because I had transited the US to get there my 90 days visa waiver wouldn't suffice as it includes time in Canada and Mexico. Yet at every single border they tell me "no that's not necessary"! And now it's more frustrating when I'm going for just a few weeks and get interrogated ... and then they stamp 6 months validity into my passport!


Sent from my iPhone using AustFreqFly app