Can I apply for a work visa in the USA while on a visitor visa?
You, personally, can not apply for a work visa. You can find an employer while you are in the US on a Visitor visa and have them apply for you, but you will be subject to all other rules that any other foreign national has to go through to obtain that work visa. It is not like they offer you a job on the spot and apply for your visa and you can start working the next day. Unless you are a prodigy of some hard to come-by discipline and the company needs you so bad that you can fit an exception clause, you have to wait upwards of a year to get approved and start working in the US.
Can you visit the USA under the ESTA program if you work as a freelancer or contractor for a US company?
Depending on your home country, you could simply visit the USA on a tourist visa….. It is a completely different thing from the ESTAESTA is not a visa. It does not meet the legal requirements to serve in lieu of a U.S. visa when a visa is required. Travelers that possess a valid U.S. visa may travel to the United States on that visa for the purpose it was issued. Travelers traveling on valid visas are not required to apply for an ESTA. In the same way that a valid visa does not guarantee admission to the United States, an approved ESTA is not a guarantee of admission to the United States.In other words, ESTA is an extra requirement that is specific to travel. It has nothing to do with your purpose for being in the United States. (That’s what the visa is for). It also doesn’t guarantee you will be allowed in the United States… just that you can come to the front door. Some people will be allowed to enter for up to 90 days without a Visa, but they’d still require ESTA.If your question is whether or not a freelance position will qualify you for a work visa so that you can stay an extended time period, probably not. Why not? Well because freelancers are not employees.Temporary worker visas are for persons who want to enter the United States for employment lasting a fixed period of time, and are not considered permanent or indefinite. Each of these visas requires the prospective employer to first file a petition with U.S. Citizenship and Immigration Services (USCIS). An approved petition is required to apply for a work visaTemporary Worker VisasIf you are looking for a way to stay in the United States for an extended time through your work, you need to be working in specific industries, with specific roles and have the sponsorship of a company. Most freelancers or contractors will not qualify for this.
Can I apply to change my tourist visa to a working visa while in the USA on holiday?
You may be entitled to adjust status provided you were lawfully admitted to the United States AND your non-immigrant tourist status remains valid AND you have not violated the conditions of your status AND you have not committed any crimes that would make you ineligible AND you are otherwise eligible in all respects.Tourist Visitors to the US on the Visa Waiver program (ESTA,) however, are NOT eligible to change status during their stay. B2 visa tourists are able to if they meet all the conditions.You should note that under Turd Trump’s administration there is now a presumption of fraud (and therefore a strong possibility of application denial) should you try to do this within 90 days of admission - see USCIS incorporates State Department’s ‘90-Day Rule’In order to change status you must be eligible for that working visa which you wish to change to and either are of such talent and ability or qualification that you are able to self sponsor or you have an employer sponsor.In most cases, however, so changing status would be unlikely to be possible, since most US employment visas require an employer’s sponsorship which takes a long time to obtain and usually involves pre-employment checks and Dept of Labor clearances.See Changing your nonimmigrant status Also see Temporary (Nonimmigrant) Workers And see Permanent Workers
Can I work as a freelancer in the USA on the ESTA VWP?
VWP is solely for tourism. For business, you would need to obtain a business visa. The US is very strict about no working at all while in the US on VWP, tourist visas, etc. NO work means exactly that - not even telecommuting for your employer or clients back in your own country. You come to US for a vacation, and go back home to do your work. There are loads of freelance designers in the US - Americans. And they are grasping for any business they can get. If you would be looking for US clients, forget it. Even if you were legally present & legally working in the US, you'd have a rough time of it. And you'd be caught in the tax net - nasty place to be. Not only can you not work in the US, you do not want to!
Do I need a Visa to attend a business meeting in the United States?
It depends on a few things. First off, if you are Canadian you won’t be issued an actual ‘visa’ but rather you will enter the US on a B1 status… but that is just a technicality. To answer your question, yes, sometimes you are required to obtain a Business Visitor Visa to enter the US for meetings or conferences. This is not to be confused with a work permit, as it is a specific visa designed for when you are in the States to do work on behalf of your Canadian Employer. This category is called the B1 or Business Visitor Visa. Some examples of what you can do on a B1 visa are: - Attending business meetings - Purchasing property - Attending conferences and conventions - Consulting with associates - Negotiating contracts - Investigating business opportunities To get a B1 visa, US officials have to be satisfied that you are not intending to stay in the State to work. If they suspect that is the case, you will be denied the visa. You might have to show them a letter from your employer, or a letter from the US company or organization that invited you to the meeting. Very likely you will also have to produce your full travel itinerary so it is best that you keep all your information as organized as possible. US officials want to know that you intend on leaving the US when your trip is over so it is best to travel with property records, bank records, family information, or anything else that can show strong ties to your home country. Here is some more information on B1 Visas
How can I enter the United States with a tourist visa/ESTA if I remotely work for an US company from my home country?
A citizen of a foreign country who wishes to enter the United States must first obtain a visa, either a nonimmigrant visa for temporary stay or an immigrant visa for permanent residence. Visitor visas are nonimmigrant visas for persons who want to enter the United States temporarily for business (visa category B-1), tourism, pleasure or visiting (visa category B-2), or a combination of both purposes (B-1/B-2).However, if you are already working for a US company, that can be a hindrance to getting visitor visa. A nonimmigrant visa doesn’t allow you to work. So let me bring two possibilities in your case.
As a British passport holder, can I go to the U.S. for long-term work?
You would need to speak with an attorney to get an accurate idea of what’s possible here.Having a UK passport, without any disqualifying background, is sufficient to complete the online ESTA form and come to the Us under the visa waiver program (no application to the consulate for a visa stamp required). This is essentially a visitor visa allowing entry up to 90 days for limited purposes: vacation, business meetings/conferences, a few other a acceptable uses. It doesn’t permit you to work here.There are several work visa options, however, of which the H-1b is but one. You may be eligible for an H-1B, but this has limitations on availability and timing. If transferring from the UK entity to a related US entity (parent/subsidiary, affiliates), you may be eligible for an L-1 intracompany transferee visa - if you are either a manager or executive abroad coming to a similar role in the US, or have specialized knowledge of the company’s techniques, technologies, methods, etc. abroad and coming to utilize those here.Other options may include an E-2 or O-1 visa, depending on ultimate ownership nationality of the company/your background, respectively.You would need an appropriate work visa in place before you go in any event - speak with an attorney for further guidance.
Can I start a business in the USA while I am on a tourist visa?
Yes, but you can't work in that business.Generally speaking, any person can be an owner of a US company. Such person may form a company (or business), purchase an existing one, and so on.You can do that remotely (not physically present in the US) or you can do it while in the US on any type of visa (visitor visa as you asked or any other one). Later on you can derive profits from your company.That's a brief description of what you can do. Now to what you cannot do.To work for any company in the US you need US citizenship, US permanent residency, or some sort of working permit or working visa. If all you have is a visitor visa (B-1/B-2), you are not allowed to work in the US, and it makes no difference whether you are working for someone else or for a company you own (actually, for certain visas there's even a requirement that you'll be working for someone else).So "starting a business" is fine, as long as what you are doing is limited to the passive aspects of the business, i.e. being a "behind the scenes" owner that is not involved in the day-to-day operation of the business. However, you cannot become an owner-employee of the business (it doesn't matter whether you're paid for your employment or not, but if the nature and span of your activities are such that you are in essence employed by the business, it's not allowed).