I'm an employed cinematographer for a UK business, can i travel to the US to shoot videos on an ESTA?
I've recently taken a new job as a cinematographer, employed full-time for a UK-based business. As part of my job I am required to travel to the US frequently to shoot commercials, interviews, mini-documentaries, etc.
I'm not certain yet, but I would estimate I will be visiting 6–12 times per year, all for this purpose. Most often trips would be 3–4 days but these may stretch as long as 2 weeks on longer productions.
As I'm paid by a UK company and wont be working for anyone else on these trips, am I okay to travel on the ESTA VWP program?
Is there anything else I need to be aware of when travelling? I understand my circumstances are quite unusual so just want to be sure.
Best Answer
It's probably a no in your case.
It's a really tricky one and nobody knows the answer.
https://travel.state.gov/content/travel/en/us-visas/tourism-visit/visa-waiver-program.html
The general idea is:
You're allowed to come 'on business' but you're not allowed 'to work'.
This would have to be the most bent rule on the planet, though.
https://travel.stackexchange.com/a/123350/19233
Then there are people who try to push the envelope
Work as freelancer while tourist in US for an already existing US client?
The tricky thing in your case is ...
The damned cameras!
About 18 billion programmers waltz in to the US every day ("I'm just going for a meeting!") and then work their asses off. Who doesn't have a laptop? It does not look "work-related".
But. In your case you'll show up with photo gear; your profession is just different. Due to the equipment to begin with.
Say you were (honest to God) going only to have a production meeting about a project. That is 100% bona fide. You would just be "doing business". But if you're scouting? Tricky. Actually shooting? You're then like the tidal wave of programers who fly to the states ("just a meeting!") and then in reality work their asses off.
As a factual matter I can think of 5? folks known to me who've done this over the years and it's a total non-issue.
But in your case you're doing it repetitively - pretty much every month.
I really just don't know how that plays out.
My guess is probably "No" unfortunately.
Unfortunately this is a couple yrs old:
https://dlgvisablog.com/blog/o-visas-for-the-film-and-tv-industry
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Is ESTA valid for business trips?
Business trip with an ESTA It is essential that the traveller with an ESTA does not enter into service with an American employer. As long as the traveller only receives compensation from the employer in the home country, the trip qualifies as a business trip, and an ESTA is sufficient.Can I travel to the USA for business on an ESTA?
Admissibility. An approved ESTA does not guarantee admission into the United States for business purposes. Customs and Border Protection (CBP) has the authority to deny any ESTA approved traveller entry into the United States.Do you need a visa to film in USA?
A media visa cannot be used by applicants whose purpose of travel to the U.S. is to film, or work on a film, intended primarily for commercial entertainment or advertising purposes. A temporary worker visa is required.Can you do business on ESTA visa?
ESTA is suitable for business travelers who come to the U.S. to attend a conference, visit customers or potential customers to negotiate a contract, collect data and information that will be assessed and analyzed outside the U.S., participate in litigation or to attend meetings for the Board of Directors if one is a ...Kendrick Lamar - i (Official Video)
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