Visa Problems

[Alastair]

Hi all
Four and a half years ago I won a 12 month contract to provide services for an international company. I am a UK national and my contact was UK based, rolling out an ERP system within Europe. All was fine and the company offered me an extension of a further 12 months.
Towards the end of the 2nd year they asked me to join a team to roll out the same software accross five sites in the USA. This project was expected to last only 9 - 12 months but has been significantly delayed for reasons that are irrelevent to my issue.
During the two and a half years of monthly commuting (50% working from home and 50% on site in the USA) I was travelling on an ESTA that ,I thought, was acceptable.
To cut to the chase, a new senior director has taken legal advice and has terminated my contract only 6 weeks away from a significant milestone - the first go-live.
My dilemma is I am a UK consultant working through my own limited company as the sole employee. To rescue my contract I neeed to obtain the correct Visa within the next few months. I really don't know where I stand on this one. Any adsvice appreciated.
BTW, all payments were made from the UK and I paid both personal and company tax on my earnings.
Regards .... Alastair

[stek]

I can't see a way out here, sorry.

[eek]

I can't see a way out here, sorry.

+1 you need a sponsor to get the visa and unless you client is willing to do it your company isn't big enough to justify it....

[NotAllThere]

Working in the USA on an ESTA...

[TheFaQQer]

Working in the USA on an ESTA...

...is impossible, since the ESTA is merely the Electronic System for Travel Authorization.

The OP (and you) mean under the Visa Waiver Program - which you can still use when travelling for business or pleasure for stays of less than 90 days.

[DaveB]

...is impossible, since the ESTA is merely the Electronic System for Travel Authorization.

The OP (and you) mean under the Visa Waiver Program - which you can still use when travelling for business or pleasure for stays of less than 90 days.

Depends on exactly what you are doing. The criteria for the VWP are:

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

The only one that would possibly apply would be "consult with business colleagues", but that basically means going to a meeting. Doing actual work with deliverables could be argued to fall outside that, hence the Client getting twitchy about it.

[TheFaQQer]

Depends on exactly what you are doing. The criteria for the VWP are:



The only one that would possibly apply would be "consult with business colleagues", but that basically means going to a meeting. Doing actual work with deliverables could be argued to fall outside that, hence the Client getting twitchy about it.

I agree.

[jamesbrown]

In many ways, it's good that your client spotted this and not an immigration officer; frankly, I'm surprised that your long/regular visits weren't flagged. As others have said, you cannot do "productive" work in the US without an employment visa (e.g. H-1B), which is sponsored by a US company. In that case you'd be an employee, not a contractor.

[jmo21]

No way to do it remotely?

[northernladuk]

No dilemma here. You ****ed up and got binned. You are a contractor so suck it up and over on to your next contract.

Next time just understand your obligations to your client a little better and do a bit more research.