I have a Mexican and EU passport. May I travel to the US as a business visitor while in the process of getting the TN visa? [closed]
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My company's plan is to have me travel to the US using my EU passport and the VWP (Visa Waiver Program) as a business visitor to perform work at a customer's office.
In the meantime I'll also get started on the process to get the TN visa for my Mexican passport. The company will be flying me to my home city for consulate appointments and once I have the TN visa I'd return to the US using the TN visa.
This sounds like a red flag to me as I don't think the VWP for business trips is interchangeable with a TN visa. In strict terms, I will be performing the same job while on the VWP as with the TN visa.
EDIT: I have travelled with the VWP in the past. The work that I'll be performing is software engineering for a customer. The length of stay is up to 1 year once I have the TN visa.
Best Answer
There's nothing in principle wrong with using both the VWP and other types of visa to enter the US at different times, however if you are intending to carry out the same activities on both, then you may be in trouble. The US State Department provides this useful flier about business travel under the VWP (and what specifically isn't).
Without knowing the details of the work you intend to carry out, it's hard for me to say. Looks like it would fall somewhere in between the examples given as acceptable, and the examples that require a H, L, O, P or Q visa. (Assuming your employer is not a US-based company). Remember if you are caught breaking the terms of your VWP-based entry, you will never be allowed to use the VWP again, so there's good reason to be careful, even if you would likley get away with it at the border.
(Also as an aside, note that not all EU passports grant access to the VWP).
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Can I enter the U.S. for a business trip?
A foreign national traveling to the United States to conduct temporary business needs a visitor visa (B-1) unless qualifying for entry under the Visa Waiver Program. Examples of temporary business include: Attending business meetings or consultations. Attending a business convention or conference.Can a Mexican citizen travel to USA with visa?
Travelers who are eligible for the BCC may apply for one at the nearest U.S. Embassy or Consulate in Mexico. Mexican nationals are required to present a valid passport and visa or a valid passport and BCC when traveling to the United States by air.Can you enter the U.S. with a Mexican passport?
Citizens of Canada, Mexico, the Caribbean, and Bermuda must present a valid passport from their country to travel to the U.S. by air. When traveling by land or sea, they must provide the necessary travel documents outlined by the Department of Homeland Security.Can I enter the U.S. with an European passport?
E-Passport Requirement Please see the United States Customs and Border Protection (CBP) website. As of April 1, 2016, all travelers must have an e-passport to use the VWP. An e-Passport, denoted by the symbol , is an enhanced secure passport with an embedded electronic chip.OFW VLOG 3 | HOW TO GET A TN VISA |
More answers regarding i have a Mexican and EU passport. May I travel to the US as a business visitor while in the process of getting the TN visa? [closed]
Answer 2
Be very, very careful.
'conduct business' is not the same as 'perform work'.
My general rule-of-thumb is that if what you're doing could in any way be thought of as 'billable hours' then you're not 'conducting business', you're 'performing work'.
The VWP allows you to conduct business, not to perform work.
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