Q & A - Can you do Business here?
Q: Dear Immigration Counselors,
Dear Immigration Counselors, I am a citizen of the UK and I have a visa waiver. I come to the U.S. every now and then for my company. The US company charges its US customers for the project work I do on behalf of my engineering company whilst in the US. The US company then pays the UK company to pay me. Am I able to conduct such transactions legally as a visitor?
A: Dear P.L., There is a case decision called Matter of Hira, under which a foreign tailor was coming to the U.S. on a B-1 business visitor visa to take measurements of customers, and then returned abroad to design the clothes. The decision stated that this was an appropriate B-1 activity, because the principal place of business and the actual place of accrual of profits, if any, was in the foreign.
In your case, since the activities that are incidental to work occurring principally within the United States, it appears to me that this is an improper use of the visitor visa or visa waiver. This is my initial opinion given the limited known facts of your case. There are some employment and business visa options which are worth considering. Feel free to contact us for a full evaluation.
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