# UK limited company contractor working for a US company



## peopleperson (Jun 16, 2010)

Hello,

I’ve been offered a contracting role by a company based in the USA only.

I am a UK Limited company contractor and have an ESTA on the visa waver program. Im a British citizen currently living and working in the UK and have a degree in Computing from a UK university.

Can I do short term contract work in the US for this US company as a UK limited company contractor?

Thank you,


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## Fatbrit (May 8, 2008)

peopleperson said:


> Can I do short term contract work in the US for this US company as a UK limited company contractor?


Probably not.


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## USC (Jun 13, 2010)

peopleperson said:


> Hello,
> 
> I’ve been offered a contracting role by a company based in the USA only.
> 
> ...


Not on the VWP.


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## twostep (Apr 3, 2008)

peopleperson said:


> Hello,
> 
> I’ve been offered a contracting role by a company based in the USA only.
> 
> ...


Will you receive compensation of any shape, size or form? Not legally!


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## peopleperson (Jun 16, 2010)

Yes i will be recieving compensation


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## kaz101 (Nov 29, 2007)

Just curious but I'm assuming you could work for the US company from the UK if the client allowed it? 

Regards,
Karen
P.S I used to be a UK Limited Company contractor.


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## peopleperson (Jun 16, 2010)

The contract would be office based with visits to client sites in the US so I would need to be living there aswell.


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## Bevdeforges (Nov 16, 2007)

How long is this contracting arrangement scheduled to last? 

One thing you (and the employer) should be very aware of is that the IRS takes a very dim view of "contractors" who work only for one employer. It's seen as a method of avoiding payroll withholdings and social security.

But, if you're talking about something like a 3 to 6 month job, where the US company is dealing with your UK company rather than with you as an individual, you might be able to get by with a B category visa (supported by the employer). Not sure on that, though - Twostep or Fatbrit can probably give you more information. The US company may still be under some pressure to show why they need to import someone from abroad rather than hiring someone locally with similar qualifications. 

Much more than 3 to 6 months, though, and especially if you plan to live over there for a year or more, then you really need to be considered as an "employee" (for tax purposes at least) and that implies a proper work visa, social security number and the whole shebang.
Cheers,
Bev


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## peopleperson (Jun 16, 2010)

the contracts between 3-6 months only. I am only employee in the UK limited company. If the US company apply for a H1B visa what are deadlines. April? October?


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## twostep (Apr 3, 2008)

peopleperson said:


> the contracts between 3-6 months only. I am only employee in the UK limited company. If the US company apply for a H1B visa what are deadlines. April? October?


No matter which way you skin this cat - you stated it is an office based position in the US and you are getting cmpensated for your services. That translates to work.

You can find detailed information about H1B on uscis.gov or in the stickies of this forum.


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## Fatbrit (May 8, 2008)

Bevdeforges said:


> But, if you're talking about something like a 3 to 6 month job, where the US company is dealing with your UK company rather than with you as an individual, you might be able to get by with a B category visa (supported by the employer). Not sure on that, though - Twostep or Fatbrit can probably give you more information. The US company may still be under some pressure to show why they need to import someone from abroad rather than hiring someone locally with similar qualifications.


Highly doubt a B1 or VWP will suffice. It is very restricted in what you can and cannot do.
Business (B1) Visa

An H1b or even possibly an H2b might work. But they take time and cost money.


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## Bevdeforges (Nov 16, 2007)

Fatbrit said:


> Highly doubt a B1 or VWP will suffice. It is very restricted in what you can and cannot do.
> Business (B1) Visa
> 
> An H1b or even possibly an H2b might work. But they take time and cost money.


As I said, I wasn't sure. DH spent 6 months, I think it was, in the US with his family (long time ago) on training when he worked for a US company in France. Not sure what visa he had at the time, but then afterwards he had one of those long-term (i.e. theoretically no expiry date) B1/B2's stamped in his passport so he could pretty much come and go as he pleased in a business capacity. Then they changed their minds and said that the B1/B2's like that were only good for a maximum of 10 years.

My main concern, though, would be the "contractor" angle. The IRS periodically clamps down on those arrangements, independent of the visa involved. If an "employer" has offered someone a contractor job without understanding the visa implications, I suspect the employer might be mis-using the "contractor" status, too.
Cheers,
Bev


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## Fatbrit (May 8, 2008)

Bevdeforges said:


> As I said, I wasn't sure. DH spent 6 months, I think it was, in the US with his family (long time ago) on training when he worked for a US company in France. Not sure what visa he had at the time, but then afterwards he had one of those long-term (i.e. theoretically no expiry date) B1/B2's stamped in his passport so he could pretty much come and go as he pleased in a business capacity. Then they changed their minds and said that the B1/B2's like that were only good for a maximum of 10 years.
> 
> My main concern, though, would be the "contractor" angle. The IRS periodically clamps down on those arrangements, independent of the visa involved. If an "employer" has offered someone a contractor job without understanding the visa implications, I suspect the employer might be mis-using the "contractor" status, too.
> Cheers,
> Bev


Notwithstanding the tax folks, the immigration folks have certainly put an end to one-man bands opening a US company and then sponsoring themselves in on an H1b.

It's perfectly okay to come for training sessions on a VWP or B1. Valid-for-ever B visas along with application by mail have long since gone. Indeed, even applying for a B visa when you are eligible for a VWP is not generally a wise move except for a few obscure exceptions.


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## twostep (Apr 3, 2008)

Folks - training or no training, one man band or big band - the company is physically in the US and he is supposed to be there working for pay at a desk for months. Where does that fit in B2's spectrum? OP might be looking at a one-way ticket.


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## peopleperson (Jun 16, 2010)

Thank you everyone for the responses.

H1B
Does anyone know if the 2010 H1B visa quota to start work in October 2010 has been reached?


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## Fatbrit (May 8, 2008)

peopleperson said:


> Thank you everyone for the responses.
> 
> H1B
> Does anyone know if the 2010 H1B visa quota to start work in October 2010 has been reached?


Still two-thirds of this year's allocation left.


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## JBonTour (Aug 20, 2010)

*Uk -> jp -> usa*

Hi,

I have a smilar question. I am a director of a UK ltd company and I have been offered a contract by a Japanese firm who have a worldwide project including a 12month phase for there clients overseas branch in the USA. If I understand it correctly the B1 and VWP do not allow consulting & Training services. Any ideas what I need and how to do it?

Thanks in advance all


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## nigelessence (Oct 20, 2010)

I am resident in UK and UK national.

I wish to work for several US companies as a paid contractor, dividing my time up between them. Some of them have UK offices, and are large corporations.

They have requested my services, and have no doubt they would sponsor me if they wished. My skills are very specialist to their needs.

I woul drather work for several companies rather than one - also it would probably be better for them.

I am about to set up (again) as a UK limited company.

I also have had offers to work as a contractor, again part time, for a Saudi company.

I am beginning to realise visa situation is not as easy as I thought.

What are my options?

I know various small US companies I could work through if necessary.

I have been visiting US for many years on a B1 visa, but realise this is no good for contracting work. L1 visa also does not look good, as I have not been employed for a year by sponsoring company.

Help!


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