Advice needed on international project day rate

[redgiant]

Ok, so not an option for this project unfortunately.

Where there is a will there is a way. Best of luck on whatever happens.

Scorcher of a day here in NYC today at 38c (feels like 47c with the humidity) which explains me being on CUK and not roasting outside!

[jamesbrown]

Yes, there are some more exotic visas too. If you’re investing a ton of money and starting a business, there’s an E2 Entrepreneur visa too, for example. FWIW, I don’t think any of these are going to be appropriate, based on what you’ve described. Still, no harm talking to an immigration lawyer about the legitimate options that could be available.

If you can be bothered, please report back on what you find out

[jameslmorgan]

Thanks for the advice - will flag this to the client and see if they can use their legal/HR team to look at it further. Will report back if I find out anything we've not discussed here yet.

[BlasterBates]

Thanks for the advice - will flag this to the client and see if they can use their legal/HR team to look at it further. Will report back if I find out anything we've not discussed here yet.

This B1 in lieu of H1B does include this:

The worker will usually need to be a permanent employee of the non US business

Notice it isn't saying that you must be a permanent employee, i.e. usually. As a long term contractor working for the UK subsidiary you may well be eligible.

The US rules probably follows general international rules on foreign companies working on short term projects where they can send both their employees and subcontractors, provided that the subcontractors are working directly for the foreign supplier.

[jamesbrown]

Notice it isn't saying that you must be a permanent employee, i.e. usually

Yes, it could be an office holder of the UK branch of the multinational too.

[BlasterBates]

Yes, it could be an office holder of the UK branch of the multinational too.

You make presumptions about things you don't know, because you are not an immigration Lawyer . It is normal for foreign companies to send a team of Engineers to another country made up of employees and subcontractors on short term projects. The B1 in lieu isn't set in stone as you imply. You already missed the point that the foreign company doesn't need to be a branch of the US company.

[jamesbrown]

You make presumptions about things you don't know, because you are not an immigration Lawyer . It is normal for foreign companies to send a team of Engineers to another country made up of employees and subcontractors on short term projects. The B1 in lieu isn't set in stone as you imply. You already missed the point that the foreign company doesn't need to be a branch of the US company.

This is not an area that you can furiously "Google" about, BB.

[BlasterBates]

This is not an area that you can furiously "Google" about, BB.

Or know about because you successfully filled out a visa application.

You give a mixture of correct and factually incorrect statements that need to be challenged.

[jamesbrown]

Or know about because you successfully filled out a visa application.

You give a mixture of correct and factually incorrect statements that need to be challenged.

I've worked with NA companies for the last 20 years or so, so I know a thing or too, yes. I do have experience of this route, and I've never seen it used, remotely, in the way you seem to think possible. Sure, I'm not a US visa specialist. This is not a US visa forum. HTH.

OTOH, you don't seem too confident about your own position, as you seem to delete most of your more assertive posts within a couple of minutes of clicking send.

However, by all means, please do share the experience that led you to believe that the B1-in-lieu would be an appropriate route for a UK director of their own PSC. What is that experience? That could indeed help the OP to understand where you're coming from that isn't "Google". Afterall, we're mainly all posting here to offer our impartial advice based on experience. Otherwise, I suggest we conclude our little "spat" and wait for the OP to report back in due course about what they discovered.

[BlasterBates]

I've worked with NA companies for the last 20 years or so, so I know a thing or too

Yes even so you came out with some incorrect facts. So what else is wrong ?

I've worked overseas on many contracts and when I worked for a company where we did projects in the USA we didn't need visas and we weren't a subsidiary, but it was just short term installation. According to your argument they should have spent weeks applying for H1B visas, When they sent me overseas it was on a tourist visa. Perfectly normal.