Non-resident alien working for non-US company telecommuting for 10 days under ESTA Visa Waiver [duplicate]

I am a European citizen non-US resident travelling to the US for 4 weeks under the ESTA Visa Waiver, of which 10 days will be spent telecommuting/work remotely. I know that I am legally within my rights to do so, based on the ESTA Visa Waiver Help section. And based on these sources: http://www.ilw.com/articles/2012,0625-Paparelli.shtm & http://taxmap.ntis.gov/taxmap/pubs/p519-010.htm, I will also not be taxable for that time because:

My salary for those 10 days will be less than $3000.
My total time spent in the US this year will be less than 90 days.
My employer is a non-US company.

(And just to be clear: I have no intentions of moving to the US permanently. I don't actually believe it's relevant in this case but just want to spare any such line of questioning.)

Please could someone

verify my understanding?
confirm that the tax-related sources above are applicable to persons entering via the ESTA Visa Waiver programme?
If I am incorrect on either of the above questions, please point me towards the type of visa that WOULD legally permit such activity?

Best Answer

Your understanding is perfectly correct. What you do for and in another country is none of US's business, since you're neither a permanent resident nor a citizen.

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Can I work in the US under the Visa Waiver Program?

The Visa Waiver Program has the same purposes for travel as the B-1/B-2 visa. Entering the United States through the VWP does not authorize you to study or work if you decide to stay long-term.

Does ESTA count as US visa?

No. An approved ESTA is not a visa. It does not meet the legal or regulatory requirements to serve in lieu of a U.S. visa when a visa is required under U.S. law. Individuals who possess a valid visa will still be able to travel to the United States on that visa for the purpose for which it was issued.

Can I travel to the US for work on an ESTA?

Working with an ESTA: allowed or not? Under most circumstances, working in the USA with an ESTA is allowed. The services performed must fall under the definition of a "business trip". The most important requirement to qualify a trip as a business trip, is that you do not enter into employment with an American company.

How often can I travel to the USA under the Visa Waiver Program?

The Visa Waiver Program (VWP), administered by the Department of Homeland Security (DHS) in consultation with the State Department, permits citizens of 40 countries to travel to the United States for business or tourism for stays of up to 90 days without a visa.

ESTA for Transit Purposes

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