Travelling to the US on VWP while waiting for a work visa?

Travelling to the US on VWP while waiting for a work visa? - Brown Wooden Frame Black Leather Cushion Bench

I am currently waiting for a work Visa P-1. But I want to visit friends and holiday in US before I start work. Can I enter on ESTA/VWP and holiday for 3 months whilst waiting for visa process, return home to Australia to collect the visa, and then start work in the US?



Best Answer

It certainly is possible. However you might undergo additional scrutiny at immigration in the US and need to overcome suspicion that you're trying to work before your authorization begins.

How likely and severe that scrutiny is, will be up to the officer you happen to meet, his mood and your performance. If you have already used your ESTA before, some airports allow you to enter via automatic terminals, which would then likely spare you an interview.

If interviewed you should follow the basic rules to be upfront about everything on the one hand but on the other hand not to sponsor too much information. I guess if you have a tourist itinerary with return flight booked, accomodation and other plans, that should go down well with the officer. Also if you can somehow show that the gig you need the P1 visa for is not a thing yet at the time of your visit, there would be even less reason for concern.




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Can I travel to the US while waiting for a visa?

To enter the U.S. as a visitor, you must prove to a Customs and Border Protection (CBP) officer at the port of entry that that you (a) are not an intending immigrant, (b) have an unabandoned foreign residence, and (c) are coming to the U.S. temporarily.

Can I visit the US while waiting for my immigrant visa?

It is absolutely possible for a foreign spouse to visit their partner in the United States while awaiting their green card application. If you are a foreign spouse, you may apply to enter the United States via a tourist visa if you have a pending I-130 petition, and wish to go back to your home country after the visit.

Can I travel while my visa is being processed?

You must not travel outside of the U.S. while the petition is pending. Leaving the country while USCIS is reviewing your petition will cause USCIS to consider your petition for a change of status to be abandoned.

Can I get a work permit while visiting US?

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.



About Visa Waiver Program | How to travel in US without a visa | Visa Waiver Program USA 2021 | DHS




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