VWP on Business for 89 days... I'm freaking out :(

[jch514]

Let me start by saying that I sincerely believe I'm not doing anything illegal, but I'm getting more confused as I am looking up info.
This may be a bit lengthy but I'm trying to be thorough. Please bear with me

So here's the deal: I'm a citizen of a visa waiver country, and a legal resident of Canada (work permit in my passport + employment letter can easily prove it).
Also, I believe this is not relevant here but I'll add that I've been a student in both the US and Canada, and have visited the US (VWP) many times for short vacations (1 to 5 weeks) in the past 10 years or so (I'd say once a year on avg). Never overstayed anything, never got denied a visa, nada, clean record.

Now I'm working for a small Canadian company selling software products to clients a bit everywhere, but mostly in the USA. As part of the package, our clients get some amount of training/set up/yada. I'm currently performing this for a US client, the projected total duration is 89 days (start to finish, not actual working days). I figured I could use the VWP as a business visitor (my first time), coming back to canada every second week end or so and keeping my I-94W dep record. I believe the important thing here is that I'm employed by a foreign company, not getting any salary in the US/from a US source. But after a bit of research on biz VWP / B-1 visa (I understand they're basically the same stuff), I'm starting to get confused: it says I'm not supposed to "perform any work" in the US, which is quite ambiguous... of course I'm working, only not for a US company! although our client is a US one, obviously, and I'm working at their location, with their teams...

Also, the last time I went back to canada for a week-end, I got pulled away and questionned when I tried to re-enter the US. I've been honest and told them I'd been working w/ this client for 6 weeks, and was going for 2 more this time, and they started to get suspicious. Asked me a bunch of questions, and eventually let me proceed.

So the million dollar question is: what should I expect next week when I come back again? will I get questionned again? My understanding was that, when I'd been issued the I-94W for 90 days, I was de facto allowed to work there for 90 days, so since my mission fell within these bounds I was clear to come and go between the 2 countries. Now it looks like they only get more and more suspicious each time I'm crossing the border (which is stupid, since I could as well have stayed for the whole 89 days in the US and never get a second look. Am I guilty of wanting to see my gf / being home every once in a while?). I'm really stressed out, if I'm denied entry next time I'll probably lose my job, and who knows what else.

Any thoughts? sorry for being so long, just writing about it made me feel better I think...
Thanks so much for any thoughts / help / comments

 

[GotPR?]

YOu can not be employed in the US with VWP, but working temporarily in the manner not to take the job from US citizen should be fine.
Next time you enter with VWP, no one knows what will happen. If you use VWP frequently, you have more chance of entry denial.

 

[jch514]

YOu can not be employed in the US with VWP, but working temporarily in the manner not to take the job from US citizen should be fine.
Next time you enter with VWP, no one knows what will happen. If you use VWP frequently, you have more chance of entry denial.

I don't believe I'm taking any job away from a US citizen. Only I (or another employee of my company) have the necessary expertise on our products to give the training. This makes perfect sense to me...
Of course I can't be sure that the immigration officer will see things that way. And this is fine, I mean they're a free country and it's striclty their business who they choose to allow or deny entry. But this is just too much stress for me, not knowing whether I'll be able to keep doing my job. I've been losing sleep over this, and I'm feeling miserable.

Would getting a "real" b-1 (or other) visa help in my case? I hear they're very hard to get for citizens of VW countries. (this is crazy, isn't the VWP supposed to make things simpler for us?) None of the other non-immi visas seem to fit since I'm employed by a foreign company... am I missing something? how do other people do it (e.g. foreign consultants employed by foreign firms)?

Anyway, thanks for your reply

 

[GotPR?]

Would getting a "real" b-1 (or other) visa help in my case? I hear they're very hard to get for citizens of VW countries. (this is crazy, isn't the VWP supposed to make things simpler for us?)

You probably need to give them reason why VW is not enough. You can tell them you need to be in the US more than 90 days or so.

 

[jch514]

You probably need to give them reason why VW is not enough. You can tell them you need to be in the US more than 90 days or so.

Yeah, I'm starting to believe things might have been more straightforward if the contract was for 91 days rather than 89 at the very least I would have known if I was denied right from the start.

Another question comes to mind: what if I get denied entry the next time on the pending VW, will I still be able to make short trips to the US for vacations on the VWP? or will I be "flagged" and forced to get a visa every single time in the future?

 

[GotPR?]

Those who got VW entry denied is no longer eligible to VWP. They need to get B visa to enter the US.

 

[jch514]

Here s what I found with a quick google search:
B-1 Visa for Business Visitors - Overview

Excerpt:

Some examples of acceptable business purposes for entry into the U.S. in B-1 status:

1 International entrepreneurs investigating investment opportunities in the U.S.
2 An employee of a foreign corporation entering the U.S. to provide consultation services.
3 International businessperson entering the U.S. to conduct business market research.
4 Employee of foreign national employer entering the U.S. to solicit services, negotiate, or finalize contracts.
5 International business personnel entering the U.S to receive business training of a short duration, attend seminars, or conferences.

I think number 2 is pretty much my situation, with the consultation services being directly related to the product we're selling.

Am I correct to assume that being under the VWP for 89 days is the equivalent of of the B-1 visa? In other words, does the above info apply to me?

I can't believe it's so complex to be doing legitimate business in the US, of all places... so much contradictory info everywhere

 

[GotPR?]

Am I correct to assume that being under the VWP for 89 days is the equivalent of of the B-1 visa? In other words, does the above info apply to me?

B and VWP should be equivalent except for B may be extendable though VWP is not.