Do I need a B Visa or does VWP suffice? UK Citizen working remotely in US

M

mrdrew

New Member
Hi All,

I am a UK citizen and plan to visit the US for 8 weeks in February to visit my girlfriend.

I am employed in the UK and work remotely from home, and while the primary intention of the visit to the US is to see my girlfriend, I will be working remotely via the Internet as normal while there. I plan to rent an apartment for the duration of my stay.

I am confused by the definition of "business" in the Visa Waiver Form, as it does not seem to cover this type of work, and I have no intention of gaining employment with a US company during my state.

Can anyone advise whether the VWP covers me for my intentions, as the B-1 visa doesn't seem to cover me either, and neither does a work permit as I will continue to be employed by a UK company?

The last thing I want to do is fly all the way there and get denied entry by US customs!

(Apologies if this is in the wrong section too.)

Thank you in advance. :)
 
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You are not coming to conduct any kind of business in the traditional sense. You will also be not working for a US company while you are here. What you do over the internet outside of these 2 activities is not a concern for US immigration.

Your need to visit US is a personal one, your working over internet is incidental to your visit.

You might have to convince US immigration that you do not intend to settle in the US.

There should be no problem in seeking entry under VWP.

This is not a legal advice!
 
Hi nkm,

Thanks for your reply. :) That makes sense and puts me more at ease.

I only worry what to say if the customs people ask me about the length of my stay and my work. I wouldn't want to lie. e.g. if the conversation goes like this:

Customs: What is the purpose of your visit?
Me: To visit my girlfriend and her family, and to sight see. [Note: she's flying back from the UK with me].
Customs: How long are you here for?
Me: 8 weeks.
Customs: Do you work?
Me: Yes [explanation of job]
Customs: That's a long time off work... is your employer allowing it?

Will they mind if I mention anything about working remotely? Do I explain this to them and the fact that it isn't a job on the US payroll?

Just one more note. I flew to the US twice within the past 12 months, for the same purpose (to visit my girlfriend) and will obviously have proof of my return ticket home. Although I do live with my parents still, so wouldn't have evidence of rent or mortgage to prove my intention to stay longterm and not stick around in the US... although obviously I do right now, unless my girlfriend and I's relationship develops in such a way to change that.

Thanks again for your advice, much appreciated! :)
 
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VWP only allows you to stay 90 days. So, yiou are renting an apartment for such a short time? An actual B-2 visa allows you to stay longer, the routine amount of time is 6 months.
 
BigJoe5 said:
VWP only allows you to stay 90 days. So, yiou are renting an apartment for such a short time? An actual B-2 visa allows you to stay longer, the routine amount of time is 6 months.
Click to expand...

Hi BigJoe. I hadn't really looked into the possibility of a B-2 visa, although it does look like a good idea for a longer stay. I have actually booked flights already for the 8-week return trip, so wouldn't like to defer too much from the original points I have raised.

Thanks for your suggestion though. Would you recommend it for a longer stay in future?
 
Sure if you want to stay longer than 90 days than you need a visa, for right now with your situation VWP will suffice for 8 weeks of visit.
 
I would not mention that you may work while you are here, even on the internet. Purpose of visit is social only. If they question you about the length of stay I would just say that you are self employed, set your own schedule and can afford the time off.
 
Hi All,

Thanks for your suggestions.

I contacted the US Embassy in London about my concerns, and they said that I need a work visa to do *any* type of work in the US, regardless of whether it is done remotely for a US company, or UK... as in my case.

They linked me to look at the H1, H-2, and H-3 non immigrant temporary work visas, but none of these apply to my situation. When I explained this to them (that I am not seeking employment with a US firm in any shape or form, that I am already employed in the UK and will be working on my laptop and sending completed projects over the Internet), I was told simply that my work cannot be carried out in the US, and is not covered by the Visa Waiver Program. :(

I think I read elsewhere that since this type of work is relatively new, it is not covered by any visa and therefore okay? The first operator I spoke to at the Embassy didn't see a problem with it, but the department who e-mailed me at a later time did.

Am I completely stuck?
 
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Hi,
I studied marketing in Berlin and work with SEO-tools. It's a good business and you earn good money, if you're in the right company.
Maybe I can travel to America, just have to do a free green card lottery application. We'll see...
 
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