Onboarding in the US on ESTA or B-1
I've been hired for a startup in the US. It is planned that I visit locally for 2 weeks for an oboarding session and to get to know the colleagues. Additionally, they would also pay for this trip. However the legality of this is still making me scratch my head, even after an immigration attorney said that ESTA and B-1 would pose no issue.
I would assume one can file "onboarding" under the "training" guise, under which it would be okay, given I can explain that I will not be able to do any actual "work". However since the US company is my sole employer, they're also the one paying me. I've read in a few places that this is an issue if the source of income is from a US company. While my income will come from an international payroll provider acting as a proxy and thus under "German" rule with euro payment, I wouldn't assume this is considered as a loophole?
Should I raise a comment about this just to be sure, or am I in the clear?
Best Answer
This is almost certainly fine, especially if you have been told it is fine by a qualified immigration attorney. You are visiting the US for training and business meetings, which are permitted under the Visa Waiver Program, and will continue to be paid by your German employer, not by the US company which is your German employer's client.
I've worked for US companies with similar arrangements to hire people who live in various countries, including Germany, and it's never been a problem when they've come to visit us for a couple of weeks.
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Should I select B1 B2 or B2?
Generally speaking, a B1 visa is for business-related projects, while a B2 visa is for tourism and pleasure-travel. The government can also issue a B1/B2 visa to business travelers who plan to travel within the US for tourist activities during their stay in the United States.Can I work with a B1 B2 visa in the US?
An individual on a visitor visa (B1/B2) is not permitted to accept employment or work in the United States.What type of immigration status is ESTA?
ESTA is an automated system that determines the eligibility of visitors to travel to the United States under the Visa Waiver Program (VWP). Authorization via ESTA does not determine whether a traveler is admissible to the United States.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.The TRUTH about adjusting status after coming to USA with ESTA or tourist visa - Don’t buy the hype!
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