# Working in a US office of a UK company for 3 months (and bringing my wife)



## 3N1GM4 (Apr 28, 2017)

I hope this is the appropriate place to post this question - it's not strictly an ex-pat question, but is related as you'll see.

First, a little background about my employment situation (if you are familiar with the concept of working through an umbrella company in the UK, you can probably skip this paragraph):

I currently work through an umbrella company in the UK on an assignment for a UK company (I'll call them the customer) and have been doing so for over a year. I am technically a PAYE employee of the umbrella company, who invoice the customer weekly based upon timesheets I submit to the umbrella company. The customer pays these invoices to the umbrella company, who deduct a margin for themselves and all of the usual UK Income Tax and NI (and Student Loan etc), before paying me the remainder as my net income. This is a relatively common arrangement that a lot of workers in the UK are engaged in.

The customer has offices in the US and I have visited these on multiple occasions in the past for periods of a week or two (and on one occasion I was in the US for a total of a month, a 2 week vacation first, then 2 weeks in one of the offices) and have never had any issue with immigration, just using the ESTA and VWP to gain access. I have also visited purely for vacations - in total this calendar year, I have only spent a week in the US (for a vacation, not a work trip). I can dig out more details about my previous visit history in previous years if it's relevant.

So now the customer has expressed that they would like to place me into one of the US offices for a longer period of 1-3 months. I realise that under the ESTA/VWP I can only stay for a maximum of 90 days, so it would be a maximum of just under 3 months in reality. I can see no problem with this as it appears to me as just an extended version of the trips I have done before. I will have round trip tickets (as I believe this is technically a requirement for entry under VWP/ESTA) and the trip will be between 30 and 90 days in duration.

The main complication is that we want my wife to accompany me on this trip for the duration. We are both UK citizens and residents and her travel to the US this calendar year so far is identical to mine, although she is about to spend a week in the US for a vacation. She isn't currently employed, so it a stay-at-home housewife, if that's the right term. The customer is willing to pay for her flights and out accommodation on top of the day rate they will continue to pay to the umbrella company (and therefore indirectly to me) and she will also have return flights booked prior to arrival etc.

In addition to this, I expect I will need to return to the UK for one weekend during the 90 day period. My understanding is that this is not prohibited, although it will not reset the 90 day period for the purposes of my VWP/ESTA situation, which is fine as I am not attempting to do so. It is likely that my wife will also take a domestic flight or two during the period we are in the US, each time travelling with a return flight already booked. We also both plan to travel to the US separately later in the year (November) for a week each on a vacation.

So (sorry about the long preamble), my question: is there anything I should be concerned about in undertaking this trip? Am I likely to experience any issues with customs/border control? Is the fact that my wife is not working (or the fact that I am) likely to cause any issues and is there any particular way we should explain the trip if questioned to ensure it is understood that we have no plans to overstay or seek employment within the US during our stay? Are there any other considerations I'm forgetting about (will my UK driving licence be acceptable for a 90 day lease/rental of a car for example, do I need to consider any special travel/health insurance for the duration of the trip, or anything else)?

Any advice would be greatly appreciated, and I'm more than happy to provide any further detail as it might be required.


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## twostep (Apr 3, 2008)

https://travel.state.gov/content/visas/en/visit/visa-waiver-program.html

It sounds like you are working through a temp agency. In the US more common on non-exempt employee level.

You may want to read into ESTA and its intended purpose before taking a 90 day work assignment in the US.


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## 3N1GM4 (Apr 28, 2017)

Many thanks for your reply twostep - I have already checked out the Department of State website you linekd to, and used their Visa Wizard, which suggested I could travel for this trip under the VWP (with an ESTA of course) - is there something specific you would suggest I check in addition to this which might change things?


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## Crawford (Jan 23, 2011)

What are you going to say if asked "how long are our staying in the US and what are you doing while here"?

Your wife can truthfully say vacation - you can't. From the sounds of it you are working in the US offices for an extended period. (I really don't think you can compare your 1 to 2 week business trips to this upcoming stay)

The fact that the company is paying for your wife's flight and all your accommodation for such a long time indicates you are working for them.

While there is no definitive document or wording which explicitly sets out what you can't and can't do on the VWP, you are, in my opinion, flying under the radar and actually working.

However, unless you are specifically questioned as to your intentions you'll probably get away with it.

Yes, you will need travel/medical insurance to cover your whole trip.


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## 3N1GM4 (Apr 28, 2017)

Crawford said:


> What are you going to say if asked "how long are our staying in the US and what are you doing while here"?


I was planning on giving the same answer I have given previously, that I'm visiting the offices of a company I work for.



Crawford said:


> Your wife can truthfully say vacation - you can't. From the sounds of it you are working in the US offices for an extended period. (I really don't think you can compare your 1 to 2 week business trips to this upcoming stay)


I agree, I think this is different to the previous shorter stays too, but I don't know exactly how this is likely to be interpreted by immigration.



Crawford said:


> The fact that the company is paying for your wife's flight and all your accommodation for such a long time indicates you are working for them.


Yep, not something I was planning on hiding. Although I'm not actually an employee of the company whose offices I would be working from, as explained in my OP.



Crawford said:


> While there is no definitive document or wording which explicitly sets out what you can't and can't do on the VWP, you are, in my opinion, flying under the radar and actually working.


I don't disagree, working in the same way I have on previous (albeit shorter) visits on VWP/ESTA, and declaring as much to immigration on arrival and having no issue with entry - is it just the length of stay which is likely to raise further questions compared to my previous trips? I was in the country for a month in one go last year on VWP/ESTA, told the officer at immigration when I arrived exactly why I was there, what I would be doing, which states I would be travelling through and why.



Crawford said:


> However, unless you are specifically questioned as to your intentions you'll probably get away with it.


This is the tricky part I guess - I'm not seeking to "get away with" anything, I want to travel legitimately if I'm going to do this, but it seems the legalities are vague at best and essentially the individual I meet at the border has a lot of leeway to decide whether it's a good idea to let me in or not, rather than there being clear rules I can make sure I'm abiding by.



Crawford said:


> Yes, you will need travel/medical insurance to cover your whole trip.


Sure, thanks for that and your entire response.


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## twostep (Apr 3, 2008)

Rendering services for compensation is considered work; see IRS.gov. You state here that you are working. Please give me a link to an official site stating that UK citizens can legally work in the US under ESTA aside attending conferences, negotiate contracts, consult w/business partners, attend short-term training.


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## Crawford (Jan 23, 2011)

3N1GM4 said:


> I was planning on giving the same answer I have given previously, that I'm visiting the offices of a company I work for.
> 
> Yep, not something I was planning on hiding. Although I'm not actually an employee of the company whose offices I would be working from, as explained in my OP.


You first comment is not exactly truthful. In another forum you state that the UK company has some issues in its US office which requires your skills to sort out. So, actually you are going to work in this US office.

If you are not 'actually' an employee of the company whose offices you would be working from, you have even less justification for working there!

Have you considered getting a B1/B2 visa to cover yourself.


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## 3N1GM4 (Apr 28, 2017)

Crawford said:


> You first comment is not exactly truthful. In another forum you state that the UK company has some issues in its US office which requires your skills to sort out. So, actually you are going to work in this US office.
> 
> If you are not 'actually' an employee of the company whose offices you would be working from, you have even less justification for working there!


I'm in no way trying to be dishonest or untruthful here - sorry if my choice of language has in any way made it appear that I am. I've got nothing to hide and certainly don't have any intention of trying to mislead US authorities to gain entry to the country if I'm not entitled to do so.

I would have thought as a consultant providing services to the customer, on behalf of my umbrella company (a vendor/supplier to the customer), I have as much justification for attending on site as an employee of the company itself would, but obviously what I think is not relevant here, I'm trying to establish what is legal and acceptable so that I can make this trip if it is possible, taking the necessary steps first.



Crawford said:


> Have you considered getting a B1/B2 visa to cover yourself.


Would applying for a B-1 be sufficient to cover me for the nature of visit I am describing in your experience and opinion? The details I've read on the various government websites seem to use the exact same language (talking about consulting with business associates, attending conferences etc.) when they describe the activities which are permitted under a B-1 visa...


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## twostep (Apr 3, 2008)

3N1GM4 said:


> I'm in no way trying to be dishonest or untruthful here - sorry if my choice of language has in any way made it appear that I am. I've got nothing to hide and certainly don't have any intention of trying to mislead US authorities to gain entry to the country if I'm not entitled to do so.
> 
> I would have thought as a consultant providing services to the customer, on behalf of my umbrella company (a vendor/supplier to the customer), I have as much justification for attending on site as an employee of the company itself would, but obviously what I think is not relevant here, I'm trying to establish what is legal and acceptable so that I can make this trip if it is possible, taking the necessary steps first.
> 
> ...


Do you want the short or the long answer? The short one is "no" the long one is "hold my beer and watch this". 

This is an open forum and to the best of my knowledge we lost our last immigration attorney member due to medical reasons recently. Your plan may work and you walk through immigration. It may not work. The decision is not mine.


It does not matter if you are an employee, a paid consultant or for that matter the owner of the company. You stated your intentions clearly - work. Yes, you can skin a cat in various ways and call it consulting. However, you are not showing up for a couple of days but to clean house. Plus vacation with the wife has been thrown in. Not to mention that previous fees paid were reported. 

Neither ESTA/VWP nor B1 covers this. Count your blessings that you have not been sent to secondary yet. 

Crawford - food for thought. OP is a temp/consultant, not employee being sent under contract to the US to work at a US client. The US client is still liable?


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## Crawford (Jan 23, 2011)

I really don't know what further responses we can give you.

YOU think you have justification for working up to three months in the US offices and some of us on the forum think you are on shaky ground.

Please let us know how you get on if you decide to go.


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## mamasue (Oct 7, 2008)

If you're not planning on working.....why is your thread titled....

Working in a US office of a UK company for 3 months (and bringing my wife)..??

VWP is purely for tourism., or to conduct business.

That's it.


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## 3N1GM4 (Apr 28, 2017)

I'm not claiming that I wasn't intending to work - it seems that for this reason the trip is impossible, so thanks all for clearing that up.

I'm sorry if the way I asked my question led to the aggressive and rude responses I have received, thanks for your help.


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## mamasue (Oct 7, 2008)

I don't see why you consider it aggressive or rude when people give you the answers that you might not want to hear....
Nobody is going to encourage you to lie or commit visa fraud..for your own sake.


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