Visiting US company using ESTA
I work as a contractor (freelancer) for a US company. I'll be visiting them (doing some meetings & training) and doing some traveling for a total of 3 weeks. Is it ok to go using ESTA? Thanks!
Best Answer
This is one of those difficult areas for contractors. The two conditions for being able to visit the US on a business visa are:
- You must not be doing any actual work
- You must not be receiving money from a US source.
It's established that receiving training, attending meetings to discuss and plan for work, and similar, don't count as work. You don't have a problem there. Likewise if you worked for a non-US company, even if you were the only employee, that would not be a problem. You would receive money from your company (a non-US source) and your employer would receive money from the American company.
If you really are receiving money directly from the US you should consult a lawyer to check that you are eligible. You might want to consider forming your own company if this were a frequent occurrence. Another possible way round it might be to not charge the US company for the time you spend in the US, but to increase your rate for the rest of the work to compensate. I would recommend running that past a lawyer before you do it though.
ASIDE: ESTA is just permission to get on a plane. It is the Visa Waiver Program (VWP) that allows you to visit the US.
SECOND ASIDE: VWP explicitly allows you to do everything you could do with a B1/B2 visa. So if you are not able to use a VWP, then you are going to need to go down the complicated road of getting a work visa or similar.
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Can you use an ESTA for a business trip?
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 work remotely from the US on an ESTA?
An ESTA therefore allows you to work in the USA, but only if the employer paying you is located outside the United States. Joining a US company or starting a new business is only possible with a US visa or work permit.Can I enter the US with an ESTA visa?
An approved ESTA allows you to travel to a U.S. port-of-entry (generally an airport) and request permission to enter the United States, but an approved ESTA does not guarantee entry into the United States.Can I travel to US with my ESTA?
After it has been granted, your ESTA will be valid for two years, unless your passport expires earlier. Within this period, you may travel to the USA an unlimited number of times. Each stay in the US may not exceed 90 days. You can apply for your ESTA even before you have booked your trip.ESTA - Important details on what you CAN and CANNOT do, using ESTA to visit USA.
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