Required visa for work-at-home (abroad) person visiting his/her employer in US
I'm working here in Philippines for a company in US and they me pay directly. Prior to this work, I got a multiple entry B-1/B-2 visa for US. I would like to go to the US this year so that I can have a face-to-face meeting with my employer. Do I need another US visa for this purpose?
Best Answer
There is unfortunately some complexity here, due to your status as an employee of the US company.
If you were an employee of another company, your B1/B2 visa would enable you to go and consult with a customer or business partner. Many thousands of people visit the US on this basis every day.
If you were a contractor you would probably also be fine, although it might be better to arrange to not be paid for the time you are in the US (and have your customer up your rate to compensate). Contractors have been denied entry under similar circumstances.
However as an employee of a US company you have a problem, at least theoretically. The two main requirements for business visits to be covered by B1 are:
- Not doing any actual work (as opposed to planning, presenting or talking about work)
- Not receiving money from US sources.
You satisfy 1 but not 2.
If you are very insistent that you are not working you might well be admitted. However it might also be worthwhile consulting a specialist lawyer to check
You might consider setting yourself up as a one person contractor, so that you can reasonably claim to not be receiving money from US sources (your company would receive the money, and it would pay you).
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If you wish to work in the United States for a temporary period you will require a nonimmigrant work visa. You cannot work on a visitor or business visa, or under the Visa Waiver Program (VWP). Unlike some countries, the United States government does not issue work visas for casual employment.How can I bring someone from another country to work in the US?
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Personal or domestic servants who are accompanying or following an employer to the United States may be eligible for B-1 visas. This category of domestic employees includes, but is not limited to, cooks, butlers, chauffeurs, housemaids, valets, footmen, nannies, mothers' helpers, gardeners, and paid companions.What qualifies a US employer to sponsor foreign workers? : USA Immigration Lawyer 🇺🇸
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Answer 2
You technically can use a B1 Visitor visa to only consult with business associates, but you cannot partake in any employment activities. That is specifically outlined by the US state department here:
Business (B-1)
Consult with business associates Attend a scientific, educational, professional, or business convention or conference Settle an estate Negotiate a contract
If you come to visit the US, with the purpose of a business meeting, you need a B1 business visa.
If you come to visit the US, with the purpose of employment, you need an Employment visa.
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