Doing contract work on VWP/B1?

[Queste 0]

Recently I came across a profile on LinkedIn that had the follow in his summary

Summary

International orientated IT professional, serving customers in Central and South America, as well as in Western Europe and the USA

What I understand from the rest of his profile he works as a freelance contractor. What triggered me is he claims to be able to work in the USA and I was wondering on what visa that would be possible.Scrolling down his projects I only found Netherlands and a few EU projects, none overseas. I know my current employer regularly send people to the USA on VWP for short periods to assist the American consultancy firms implementing our software but those are all stays of 1-2 weeks.

But can I work as a contractor, assuming I would be billing from the Netherlands and not stay more than 90 days if on VWP or not more than 6 months on a B1? It feels wrong but I'm just wondering if that's a loophole that's actually legal to do.

[Georgia16 2,858]

No and what your employer is doing is not right either.

No one is allowed to work in the US on the VWP.

[Queste 0]

Maybe leave the answering to people that actually know about this stuff.

[Georgia16 2,858]

Business:

• consult with business associates
• attend a scientific, educational, professional, or business convention or conference
• attend short-term training (you may not be paid by any source in the United States with the exception of expenses incidental to your stay)
• negotiate a contract

• What is not allowed on the VWP:

The following are examples of activities not permitted on the VWP and require visas for travel to the United States:

• study, for credit
• employment
• work as foreign press, radio, film, journalists, or other information media
• permanent residence in the United States

You can't do work on the VWP. You can only do what is under the business further up.

[mallafri76 1,012]

Maybe leave the answering to people that actually know about this stuff.

Love it when people come on this board to ask a question, then when they don't like the answers, they get all rude about it... Georgia is right, you are NOT allowed to work on the VWP. But hey, when CBP ask for your reason for entering the US, why don't you tell them you're coming to work as a contractor and see what happens...

Edited November 25, 2016 by mallafri76

[Lemonslice 4,885]

Recently I came across a profile on LinkedIn that had the follow in his summary

What I understand from the rest of his profile he works as a freelance contractor. What triggered me is he claims to be able to work in the USA and I was wondering on what visa that would be possible.Scrolling down his projects I only found Netherlands and a few EU projects, none overseas. I know my current employer regularly send people to the USA on VWP for short periods to assist the American consultancy firms implementing our software but those are all stays of 1-2 weeks.

But can I work as a contractor, assuming I would be billing from the Netherlands and not stay more than 90 days if on VWP or not more than 6 months on a B1? It feels wrong but I'm just wondering if that's a loophole that's actually legal to do.

Guy might have multiple citizenships. I've got my current position because I'm legally allowed to work in different countries.

[JFH 12,190]

Recently I came across a profile on LinkedIn that had the follow in his summary

What I understand from the rest of his profile he works as a freelance contractor. What triggered me is he claims to be able to work in the USA and I was wondering on what visa that would be possible.Scrolling down his projects I only found Netherlands and a few EU projects, none overseas. I know my current employer regularly send people to the USA on VWP for short periods to assist the American consultancy firms implementing our software but those are all stays of 1-2 weeks.

But can I work as a contractor, assuming I would be billing from the Netherlands and not stay more than 90 days if on VWP or not more than 6 months on a B1? It feels wrong but I'm just wondering if that's a loophole that's actually legal to do.

Nowhere did he say he works in the US. He just said he has customers in the USA.

He doesn't have to be in the US to do work for an American customer. He may be offering remote support functions or merely providing advice by telephone and email as to which IT products the customer should buy.

[Inikamoze 86]

Love it when people come on this board to ask a question, then when they don't like the answers, they get all rude about it... Georgia is right, you are NOT allowed to work on the VWP. But hey, when CBP ask for your reason for entering the US, why don't you tell them you're coming to work as a contractor and see what happens...

Love it when you get condescending posters reply with the old "why don't you tell the border patrol officer your plans and see what happens... I'd be interested to know the outcome" ..... patronising and totally useless response.

OP you have made an assumption that is incorrect, it's only a profile on an online job profile, doesn't mean he's carried out any of this consultancy work in the USA... Probably trying to beef up his profile to win work.

I know you would like it to be the case as it would work in your favour, however you would fall foul of immigration laws and if caught would be in heaps of trouble yourself.

He can not work here on a B1 visa, no ifs or buts... the lax attitude shown by your company may lead to trouble if they are sending employees here for "1or 2 weeks" ... even 1 day of work is not permitted.

As JFH states if it's merely wanting to work with American clients from overseas then I don't see any obstacles in your way. The trouble only begins if you start working on American soil.

Edited November 25, 2016 by Inikamoze

[millefleur 5,047]

Companies love to exploit people. The company might tell you that it's ok, do not take their word for it. They do not have your interests in mind, only theirs. Like the others said, no if's or but's, you are not permitted to work on a B-1 visa under any circumstances.

Edited November 25, 2016 by millefleur

[Queste 0]

Thank you Inikamoze for your decent reply.

@JHF you're absolutely right, there is no evidence he did actually work. What I forgot to add in the OP is that he has set his hometown to CA also, that's why I found him (trying to increase my network with peers).

@Lemonslice I like that idea, that could of course be the case and then it is entirely legal. That's something that never crossed my mind.

I'm still not entirely convinced about the VWP tho. If the same 3,4,5 people land on the same airport once or twice a month for several months in a row, one would think immigration will start asking questions. Additionally one colleague originally from South Afrika and therefor not eligible for VWP got a B1 with consular interview for the same travels.

[Queste 0]

I'm a bit disappointed that there still is no one going beyond "you can't" and find a way you can. IT people fly all over the world - including the USA - all the time. We implement software for global working companies, all their offices - including those in the USA - need to be serviced.

Let's break open the question a bit and go from "can I using..." to "what do I need to...". Take the attached job advert, I jokingly asked the poster if he did not also need people with my skills

What visa would I need to make that legal? And remember, this is not an exception, this is common!

[canadian_wife 1,823]

In a situation like the posting above, perhaps an L visa would be appropriate. It is for international companies who require their employees to work in the U.S. for short periods of time.

But that would be up to the company to determine and file for.

good luck

[jan22 3,056]

I'm a bit disappointed that there still is no one going beyond "you can't" and find a way you can. IT people fly all over the world - including the USA - all the time. We implement software for global working companies, all their offices - including those in the USA - need to be serviced.

Let's break open the question a bit and go from "can I using..." to "what do I need to...". Take the attached job advert, I jokingly asked the poster if he did not also need people with my skills

What visa would I need to make that legal? And remember, this is not an exception, this is common!

Perhaps that is because what you want to do is notpossible on a VWP or B1 visa entry. What you are proposingis not common. It is, however,also not an exception -- it is not possible, You are right in that there arehousands of IT people who enterthe US to do specific activities -- some with the appropriate work visa (usually H1 or L1), someon B1 for an activity that qualifies (e.g., gathering program requirements for software development that will occur outside the US), and some get through and work without authorization to do so. The 2,3,4 people from the same company you cite as evidence that it's possibe or they would have been caught are not necessarily entering at the same POE or, if they are,arenot necessarily all going to the same immigration officer. Or, they might not be describing their intent to work properly. Or, you are mistaken in what you think is happening.

Bottom line -- you cannot do contract work in the US on a VWP or B1 entry....at least not legally.

[MacUK 983]

Wasn't there a thread a couple of years ago from a German citizen who'd been denied entry after his employers had told him that it was perfectly ok to use VWP to enter for a short term placement in their US office?

The OP of that thread had said that the company regularly sent staff to the US on VWP and coached them on what to say at border control.

That person lost their VWP privileges for believing an unscrupulous employer.

[Queste 0]

Just wanted to complete the topic mentioning the "B1 in lieu of H1B". I knew there had to be something simpler for work that's really of a temporary nature and/or not even a US office exists. It doesn't do what I hoped it would, but it does open the door for the other here mentioned cases. Funny that I asked here because I expected the knowledge here to be higher yet the answer came from my other community.

http://www.law360.com/articles/762644/when-to-apply-for-lesser-known-b-1-in-lieu-of-h-1b-visa