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US Visas for 6 month project in USA

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  1. #1

    Join Date
    Apr 2008
    Posts
    2,879

    US Visas for 6 month project in USA

    We may have a potential project in the USA that requires a team of us to work there for at least 6 months. We are not just sipping coffee at Starbucks and have meetings, we do get our hands dirty from time to time (most of the time actually!). It may become more than 6 months, ie. a permanent branch office or even more.

    I understand B1 may not be the optimal choice of visa (or not even an option). It's been years since I had a B1 and I never moved to J1. Things changed after that I believe. Also, spouses and children are involved, while I am sure they'd be fine on a visitor visa for a few weeks/months given that they are just visiting at first.

    Does anybody know what options we would have? We have local partners that want us there, in case that makes a difference. But they are not a multinational corporation with plenty of cash to spare, so we can't just throw this at them and say 'get it done' (they will definitely provide support though if they want this to happen).

    NB: What we do is unique, nobody else can do that and has ever done that before. So definitely no chance to find local talent in the US.

    Thanks in advance for any pointers. I'll of course go read official info, but wanted to ask for some practical first hand info at Geo - the source of eternal knowledge!

    Last edited by 100LL; 22-01-2014 at 11:35 PM.

  2. #2

    Join Date
    Feb 2011
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    Hong Kong
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    6,317

    From what I heard, it cost about $5,000 USD in paperwork to get an employment visa in the states. Beyond that, your best shot is a simply a tourist visa or B1 visa. This gives you 6 months per entry. If things go well, then you guys may consider getting another visa later or leave and come back, which may or may not work for the first/second time, etc.

    100LL likes this.

  3. #3

    Join Date
    Dec 2002
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    θ–„ζ‰Άζž—
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    Are you eligible for the Visa Waiver? Gives you 90 days ...

    I assume this should work if your salary is not paid by the US partner

    100LL likes this.

  4. #4

    Join Date
    Apr 2008
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    Thanks for your replies! We are all eligible for visa waivers, yes. B1 or just visitor definitely an option, but I assume working as visitor could get us in trouble, even if its for our Hong Kong employer/company.


  5. #5

    Join Date
    Oct 2004
    Location
    Midlevels / USA (MD) / London
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    2,219

    Actually working on a B1 visa can get you in trouble. It all comes down to what type of work is being done. There is a very limited number of things you can do on a B1 (or a VWP for that matter) but generally speaking if you are doing "day-to-day" kind of work, you can't use the B1 or the VWP.

    Here is a list of what is allowed:

    http://www.immihelp.com/business-vis...ctivities.html

    NOTE: If you are eligible for a VWP, you have to show a real compelling need for a B1. Most people are not given B1s when they can get a VWP.

    NOTE 2: If you get denied a B1, you have to note that on the ESTA prior to using a VWP, and commenters have noted that will result in about a 9-12 month period where you would be rejected for entrance under VWP.

    NOTE 3: You need to watch for the US tax implications of "working" there. Even if your company is based in HK and you get paid in HK, your 'work' is in the US and that has tax and immigration consequences.

    100LL likes this.

  6. #6

    Join Date
    Apr 2008
    Posts
    2,879

    US Visas for 6 month project in USA

    How about O-1 visas, is this common? Partner in US told me so far they have been lucky, getting people in on O-1 visas.

    http://www.nolo.com/legal-encycloped...u-qualify.html

    PS: didn't win a pulitzer prize so far, but just wrote some physics/science/article about something that hasn't been done before us, but that doesnt help my team members if I read that right. Just wondering since it was mentioned in a meeting before.

    PPS: This move might be for a little longer (permanent).

    Last edited by 100LL; 11-02-2014 at 03:35 AM.