# Visa for 3 months work in US



## Angela1234 (Dec 12, 2013)

Hi there 

I am a freelance PR consultant in London and I've just had an interesting proposition put to me by one of my UK clients who has generated some new business in New York. 

In short, I've been asked if I would like to move to New York for up to 3 months to work on a US project. My UK client does not have a US office/business as such, so technically I would be working from my client's client premises, but would be paid directly by my client in the UK. 

Now I'm not sure where this leaves me in regards to Visa requirements. My client's client will not be sponsoring me, and I don't think I can apply for a Visa as a freelancer/contractor. 

Any advice would be much appreciated. Thanks in advance.

Angela


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## twostep (Apr 3, 2008)

Unfortunately there is no visa option for the scenario you posted.


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## Davis1 (Feb 20, 2009)

thaqts not going to happen ..unfortunately


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## Angela1234 (Dec 12, 2013)

Thanks for your replies.

I'm assuming I would need to get my client's client to sponsor me to make this work??

A


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## Davis1 (Feb 20, 2009)

Pick a visa 


There are basically NINE ways that you can get a visa to live and work in the US: 

(1) Marriage (or engagement in anticipation of marriage) to a US citizen. 

(2) You have skills that are in short supply in the US e.g. scientific or medical training. A degree is normally a must. Or you have superior specialist skills with at least 12 years experience. (H visas)applications next received on 1st April 2014

(3) You have an Employer who is willing to transfer you - but even the employer has to make a good case for you - so you have to be a manager unless you fall under category (2) above.(L visas)

(4) You may get a Green card in the diversity lottery (UK citizens, except N.Ireland, are not generally eligible unless you, your spouse or parents were born abroad or held a different citizenship.

(5)You own or buy business (does not get you permanent resident status i.e. no green card)You must be a national of a qualifying Treaty countries. The business must have a minimum value of around $150k (more the better) bearing in mind you will need somewhere to live and with any startup business you will need at least 2 years living money as back up. So a figure of $350k would be a nearer minimum (E-2 visas)

(6)You are an "investor" i.e. you have at least US $1m in assets to bring with you. half of that in a few areas. And your background will be investigated to the hilt. (EB-5 visas)

(7)You have a close relative (mother, father, brother, sister and no further) who is an US citizen who would sponsor you, approx time this take 2-12 years?

(8.The R1 visa is available to foreign members of religious denominations, having bona fide non-profit religious organizations in the U.S., for entering the U.S. to carry on the activities of a minister or religious worker as a profession, occupation or vocation

(9)THE UNUSUAL You are in a position to claim refugee status/political asylum. or You get a member of Congress to sponsor a private bill with legislation that applies just to you. 
The S visa issued to persons who assist US law enforcement to investigate and prosecute crimes and terrorist activities such as money laundering and organized crime


Recruitment agent will not take you seriously if you are not already in the US. Writing for jobs is really a waste of time; likewise US employers have no idea what foreign qualification are or mean (except Degrees) it may pay you to get your qualification translated into a US equivalent, there are Companies that do this (World Education Services-International Credential Evaluation Expertise) .. 
But if you are getting a visa under (2) above then you need a job offer before you can get the visa. Your Employer will be your sponsor this will cost them upward of $5k. So you can see you have to be offering something really special to get considered They may also have to prove to the Dept of labor that tere is no American who can do the job if the position is to be permanent ©
DO NOT USE VISA CONSULTANTS


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## Angela1234 (Dec 12, 2013)

Thanks Davis1

One final question...

Could I bypass the Visa application altogether and travel under the Visa Waiver Program on business?

The Esta website says the following on its website ...The Visa Waiver Program allows foreign nationals from certain countries to travel to the United States for business or pleasure, for stays of 90 days or less without obtaining a visa.

A


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## BBCWatcher (Dec 28, 2012)

"Business" has a specific definition within the U.S. Visa Waiver Program. I'll repost the Department of State's guidance.

The following are examples of activities permitted while in the United States on the VWP:

- Consult with business associates;
- Attend a scientific, educational, professional, or business convention or conference;
- Attend short-term training (you may not be paid by any source in the U.S. with the exception of expenses incidental to your stay);
- Negotiate a contract.

There are serious penalties if you undertake non-permitted activities on the VWP (or on a tourist visa). For example, one of the major Indian outsourcers recently got hit hard with major penalties because its employees were working in the U.S. on tourist visas. I should also point out that your U.S. client may be legally required to issue an IRS form when paying a contractor (your employer or you), and if that form doesn't match up with a proper visa then there could be serious problems.


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## Angela1234 (Dec 12, 2013)

Thanks BBCWatcher, all very clear now. 

A


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## falcon1959 (Dec 16, 2013)

Surely if someone is working for a clients, client, could this not be classed as consulting? It must be a very fine line between actually carrying out work, and just consulting someone on how to do the work.


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## twostep (Apr 3, 2008)

falcon1959 said:


> Surely if someone is working for a clients, client, could this not be classed as consulting? It must be a very fine line between actually carrying out work, and just consulting someone on how to do the work.


Where do you see a fine line in a three-months project?


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