B-1/VW for UK company doing work in USA???

planet_erg

Registered Users (C)
I am looking for help on a few question regard visa requirements for USA.

I am a UK Citizen and have a UK Company that does IT Consultation work around the world. I am the only person in the company and the work involves implementing solutions which require highly specialized knowledge. Each implementation last about 2 weeks. Recently I was approached by a potential client in the USA who would like me to implement a solution for them. They do not purchase software or hardware from me, just the expertise. They will get billed by my UK company for the work.

Here are my questions...
Q1. Is this something that is covered under the b-1/vwb program?
Q2. Assuming that it is covered under visa waiver program, am I right in thinking that I can only use the waiver program for a total of 3 months of a year? Or is the 3 months the maximum time for ONE stay? ie As I may be getting a increasing number of implementations, and each only last about 2 weeks, can I just keep coming in under the Visa Waiver?
Q3. If I can not keep coming under the Visa Waiver, and need to apply for the b-1, does anyone think that there will be an issue when the age of my company is considered? The company is less than a year old.
Q4. Can I come in to the USA for a short trip (say 1 month) for a bit of business and a bit of pleasure? If so, what do I declare the trip as? Business or Pleasure?

I know there are a lot of questions here and if you only have input on one or two, please still provide the input. I am totally confused about all I have read regarding the visas and need help desperately.

I should mention probably that I have no intention to become a resident of the USA, but I did hold an L-1 visa about 8 years ago and held it for about 5 years.

Thank you everyone.
 
Please be aware that any form of work on the VWP is completely forbidden. To partake in anything that a USC could be paid for is not allowed and illegal on the VWP....to therefore work (especially seeing as your UK company will be billed for your work) is completely against the VWP rules. The business side of the VWP includes things such as business meetings, team building exercises etc.....not actual 'work'.
As someone said on another forum....Richard Branson can come to the US on VWP, conduct a meeting and be fine.....if he answers the phone to take a booking for one of his flights he is breaking the terms of VWP.

As for going back and forth on VWP, many people do this for business (meetings etc) and are fine, but they come and go for short visits only and therefore display the actions of a buisness person. Coming back and forth following long periods of time spent in the States could look suspicious....it is entirely down to the Immigration officer at the point of entry whether or not you can gain entry.....so the 90 day vwp is not limited to only one use of 90 days per year.....however the general rule of thumb is to spend as much time (preferably more) in your home country than in the US.
 
Elcupacabras, thanks for your input. The information you have given is excellent, but leaves me with a few more questions. The main question I have is how do I, as an IT consultant, take on work in the USA?

This question all stemmed from a friend of mine telling me that there is no way for a UK Company to sell an IT Consultants time to a USA client. I believed him to be mistaken about that, I mean surely there are firms out there doing this, so before I took on this work in the USA, I thought I would check. If it can not be done on the VWP can it be done on the b-1, or is there another way to do it?

Like I said, all I am trying to do is sell my time in the USA for some short-term highly specialized IT implementations. There is no one in the USA who can do what I do. I do not want to immigrate, I just want to pick up the work. My time would be billed by my UK company to my USA client. Is this possible? Help please!!!
 
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