Would I be scrutinized at the border for traveling to the US twice in a quick succession?
I am a British citizen visiting the USA in early August for a two week vacation with friends. After the holiday I'm returning to my home in the UK for three weeks. After that I will return to the USA and will be working for my British employer under the Visa Waiver Program for a period of 80-85 days.
I have read already that there is technically no problems with this under ESTA rules, but should I limit this working period to a shorter time frame (e.g. 70 or so days) so that it does not negatively affect the decision made by the POE officer? Ideally I would love to be over in the states for the near-full 85 day period.
Any advice or previous experiences anyone can offer?
Some clarifications:
As confirmed by the immigration attorney, as I am employed by my UK employer, it will be regarded as a business trip, the important part being that I will be working officially as a consultant for my UK employer just overseas for the allotted 85 or so days
esta us-visa-waiver-program repeat-visits
edited Dec 22 '17 at 11:00
JonathanReez♦
50.1k41238515
asked Jul 6 '14 at 15:43
GeoGeo
362
|
show 1 more comment
I am a British citizen visiting the USA in early August for a two week vacation with friends. After the holiday I'm returning to my home in the UK for three weeks. After that I will return to the USA and will be working for my British employer under the Visa Waiver Program for a period of 80-85 days.
I have read already that there is technically no problems with this under ESTA rules, but should I limit this working period to a shorter time frame (e.g. 70 or so days) so that it does not negatively affect the decision made by the POE officer? Ideally I would love to be over in the states for the near-full 85 day period.
Any advice or previous experiences anyone can offer?
Some clarifications:
As confirmed by the immigration attorney, as I am employed by my UK employer, it will be regarded as a business trip, the important part being that I will be working officially as a consultant for my UK employer just overseas for the allotted 85 or so days
esta us-visa-waiver-program repeat-visits
edited Dec 22 '17 at 11:00
JonathanReez♦
50.1k41238515
asked Jul 6 '14 at 15:43
GeoGeo
362
3
I don't think you are allowed to work underneath the VWP program. Please check - UK citizen, US company, living in UK: Can I use an ESTA?
– Aditya Somani
Jul 6 '14 at 16:38
1
I think you should be OK but I don't really know. In any case, it will be either 90 days (i.e. the trip back to England count as leaving permanently and you get another 90 days on the second entry) or about 50 days (i.e. 90 days from the first entry). I don't think there is any way your first 14 or so days would be counted without also counting the 3 weeks in England.
– Relaxed
Jul 6 '14 at 17:01
3
Original poster Geo here, sorry I should have added that I definitely do not need to consider the visa option, as there is a VWP for business program. This has been confirmed by an immigration attorney for me, so the ESTA is the option I am following.
– Geo
Jul 6 '14 at 17:18
2
@AdityaSomani The point is that he's employed in the UK but will temporarily be performing his duties in the USA. For example, you're allowed to attend conferences on VWP and your UK employer doesn't have to stop paying you for the time you're in the USA. I'm not sure where the cut-off is (Geo's lawyer is, though!) but the situation is more complicated than you were aware of.
– David Richerby
Jul 6 '14 at 21:29
@DavidRicherby I see. I just wanted to make sure that Geo was aware of the same. It was slightly ambiguous in the question. I would consider Geo's trip as a business trip in that case as well, not a job. :)
– Aditya Somani
Jul 6 '14 at 21:30
|
show 1 more comment
I am a British citizen visiting the USA in early August for a two week vacation with friends. After the holiday I'm returning to my home in the UK for three weeks. After that I will return to the USA and will be working for my British employer under the Visa Waiver Program for a period of 80-85 days.
I have read already that there is technically no problems with this under ESTA rules, but should I limit this working period to a shorter time frame (e.g. 70 or so days) so that it does not negatively affect the decision made by the POE officer? Ideally I would love to be over in the states for the near-full 85 day period.
Any advice or previous experiences anyone can offer?
Some clarifications:
As confirmed by the immigration attorney, as I am employed by my UK employer, it will be regarded as a business trip, the important part being that I will be working officially as a consultant for my UK employer just overseas for the allotted 85 or so days
esta us-visa-waiver-program repeat-visits
edited Dec 22 '17 at 11:00
JonathanReez♦
50.1k41238515
asked Jul 6 '14 at 15:43
GeoGeo
362
I am a British citizen visiting the USA in early August for a two week vacation with friends. After the holiday I'm returning to my home in the UK for three weeks. After that I will return to the USA and will be working for my British employer under the Visa Waiver Program for a period of 80-85 days.
I have read already that there is technically no problems with this under ESTA rules, but should I limit this working period to a shorter time frame (e.g. 70 or so days) so that it does not negatively affect the decision made by the POE officer? Ideally I would love to be over in the states for the near-full 85 day period.
Any advice or previous experiences anyone can offer?
Some clarifications:
As confirmed by the immigration attorney, as I am employed by my UK employer, it will be regarded as a business trip, the important part being that I will be working officially as a consultant for my UK employer just overseas for the allotted 85 or so days
esta us-visa-waiver-program repeat-visits
esta us-visa-waiver-program repeat-visits
edited Dec 22 '17 at 11:00
JonathanReez♦
50.1k41238515
asked Jul 6 '14 at 15:43
GeoGeo
362
edited Dec 22 '17 at 11:00
JonathanReez♦
50.1k41238515
asked Jul 6 '14 at 15:43
GeoGeo
362
edited Dec 22 '17 at 11:00
JonathanReez♦
50.1k41238515
edited Dec 22 '17 at 11:00
JonathanReez♦
50.1k41238515
edited Dec 22 '17 at 11:00
JonathanReez♦
50.1k41238515
50.1k41238515
asked Jul 6 '14 at 15:43
GeoGeo
362
asked Jul 6 '14 at 15:43
GeoGeo
362
asked Jul 6 '14 at 15:43
GeoGeo
362
362
3
I don't think you are allowed to work underneath the VWP program. Please check - UK citizen, US company, living in UK: Can I use an ESTA?
– Aditya Somani
Jul 6 '14 at 16:38
1
I think you should be OK but I don't really know. In any case, it will be either 90 days (i.e. the trip back to England count as leaving permanently and you get another 90 days on the second entry) or about 50 days (i.e. 90 days from the first entry). I don't think there is any way your first 14 or so days would be counted without also counting the 3 weeks in England.
– Relaxed
Jul 6 '14 at 17:01
3
Original poster Geo here, sorry I should have added that I definitely do not need to consider the visa option, as there is a VWP for business program. This has been confirmed by an immigration attorney for me, so the ESTA is the option I am following.
– Geo
Jul 6 '14 at 17:18
2
@AdityaSomani The point is that he's employed in the UK but will temporarily be performing his duties in the USA. For example, you're allowed to attend conferences on VWP and your UK employer doesn't have to stop paying you for the time you're in the USA. I'm not sure where the cut-off is (Geo's lawyer is, though!) but the situation is more complicated than you were aware of.
– David Richerby
Jul 6 '14 at 21:29
@DavidRicherby I see. I just wanted to make sure that Geo was aware of the same. It was slightly ambiguous in the question. I would consider Geo's trip as a business trip in that case as well, not a job. :)
– Aditya Somani
Jul 6 '14 at 21:30
|
show 1 more comment
3
I don't think you are allowed to work underneath the VWP program. Please check - UK citizen, US company, living in UK: Can I use an ESTA?
– Aditya Somani
Jul 6 '14 at 16:38
1
I think you should be OK but I don't really know. In any case, it will be either 90 days (i.e. the trip back to England count as leaving permanently and you get another 90 days on the second entry) or about 50 days (i.e. 90 days from the first entry). I don't think there is any way your first 14 or so days would be counted without also counting the 3 weeks in England.
– Relaxed
Jul 6 '14 at 17:01
3
Original poster Geo here, sorry I should have added that I definitely do not need to consider the visa option, as there is a VWP for business program. This has been confirmed by an immigration attorney for me, so the ESTA is the option I am following.
– Geo
Jul 6 '14 at 17:18
2
@AdityaSomani The point is that he's employed in the UK but will temporarily be performing his duties in the USA. For example, you're allowed to attend conferences on VWP and your UK employer doesn't have to stop paying you for the time you're in the USA. I'm not sure where the cut-off is (Geo's lawyer is, though!) but the situation is more complicated than you were aware of.
– David Richerby
Jul 6 '14 at 21:29
@DavidRicherby I see. I just wanted to make sure that Geo was aware of the same. It was slightly ambiguous in the question. I would consider Geo's trip as a business trip in that case as well, not a job. :)
– Aditya Somani
Jul 6 '14 at 21:30
3
3
I don't think you are allowed to work underneath the VWP program. Please check - UK citizen, US company, living in UK: Can I use an ESTA?
– Aditya Somani
Jul 6 '14 at 16:38
I don't think you are allowed to work underneath the VWP program. Please check - UK citizen, US company, living in UK: Can I use an ESTA?
– Aditya Somani
Jul 6 '14 at 16:38
1
1
I think you should be OK but I don't really know. In any case, it will be either 90 days (i.e. the trip back to England count as leaving permanently and you get another 90 days on the second entry) or about 50 days (i.e. 90 days from the first entry). I don't think there is any way your first 14 or so days would be counted without also counting the 3 weeks in England.
– Relaxed
Jul 6 '14 at 17:01
I think you should be OK but I don't really know. In any case, it will be either 90 days (i.e. the trip back to England count as leaving permanently and you get another 90 days on the second entry) or about 50 days (i.e. 90 days from the first entry). I don't think there is any way your first 14 or so days would be counted without also counting the 3 weeks in England.
– Relaxed
Jul 6 '14 at 17:01
3
3
Original poster Geo here, sorry I should have added that I definitely do not need to consider the visa option, as there is a VWP for business program. This has been confirmed by an immigration attorney for me, so the ESTA is the option I am following.
– Geo
Jul 6 '14 at 17:18
Original poster Geo here, sorry I should have added that I definitely do not need to consider the visa option, as there is a VWP for business program. This has been confirmed by an immigration attorney for me, so the ESTA is the option I am following.
– Geo
Jul 6 '14 at 17:18
2
2
@AdityaSomani The point is that he's employed in the UK but will temporarily be performing his duties in the USA. For example, you're allowed to attend conferences on VWP and your UK employer doesn't have to stop paying you for the time you're in the USA. I'm not sure where the cut-off is (Geo's lawyer is, though!) but the situation is more complicated than you were aware of.
– David Richerby
Jul 6 '14 at 21:29
@AdityaSomani The point is that he's employed in the UK but will temporarily be performing his duties in the USA. For example, you're allowed to attend conferences on VWP and your UK employer doesn't have to stop paying you for the time you're in the USA. I'm not sure where the cut-off is (Geo's lawyer is, though!) but the situation is more complicated than you were aware of.
– David Richerby
Jul 6 '14 at 21:29
@DavidRicherby I see. I just wanted to make sure that Geo was aware of the same. It was slightly ambiguous in the question. I would consider Geo's trip as a business trip in that case as well, not a job. :)
– Aditya Somani
Jul 6 '14 at 21:30
@DavidRicherby I see. I just wanted to make sure that Geo was aware of the same. It was slightly ambiguous in the question. I would consider Geo's trip as a business trip in that case as well, not a job. :)
– Aditya Somani
Jul 6 '14 at 21:30
|
show 1 more comment
1 Answer
1
active
oldest
votes
The US does not use the 90-in-180 day rule that is used in the Schengen area and by many other countries. Instead, once you have left North America (to include Canada, Mexico and various Caribbean islands) and/or returned to your home country, when you return to the US -- even if it is the next day! -- you can be admitted for another 90-day stay.
The catch is that on your subsequent entry you may be scrutinized more carefully. CBP is looking for people who are trying to game the system and covertly live in the United States. So you should carry all of the documents needed to show that this is a legitimate business trip, essentially the same as if you were applying for a visa. If your purpose is legitimate and the CBP officer is satisfied, you will be admitted.
answered Apr 7 '15 at 1:44
Michael HamptonMichael Hampton
38.2k284170
If the previous trip was only for two weeks and they left the US three months ago, it's highly unlikely the OP will get any extra scrutiny.
– jpatokal
Apr 9 '15 at 2:42
@jpatokal The OP said three weeks, not three months.
– Michael Hampton
Apr 9 '15 at 2:52
1
Oops, you're right, but I can't edit my comment anymore. My opinion remains the same though, that's not a suspicious travel pattern.
– jpatokal
Apr 9 '15 at 3:35
4
@jpatokal Perhaps not, but I still want to make the point for the hundreds of other people who will read this, wanting to make two trips to the US in a short time period. For some of those, their travel patterns will be suspicious in exactly this way.
– Michael Hampton
Apr 9 '15 at 3:36
1
@pnuts I'm not surprised. A few months ago CBP deleted a lot of useful information from their web site, and they haven't yet restored any of it. The rules have not changed, though.
– Michael Hampton
Oct 4 '16 at 21:02
add a comment |
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1 Answer
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1 Answer
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active
oldest
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active
oldest
votes
The US does not use the 90-in-180 day rule that is used in the Schengen area and by many other countries. Instead, once you have left North America (to include Canada, Mexico and various Caribbean islands) and/or returned to your home country, when you return to the US -- even if it is the next day! -- you can be admitted for another 90-day stay.
The catch is that on your subsequent entry you may be scrutinized more carefully. CBP is looking for people who are trying to game the system and covertly live in the United States. So you should carry all of the documents needed to show that this is a legitimate business trip, essentially the same as if you were applying for a visa. If your purpose is legitimate and the CBP officer is satisfied, you will be admitted.
answered Apr 7 '15 at 1:44
Michael HamptonMichael Hampton
38.2k284170
If the previous trip was only for two weeks and they left the US three months ago, it's highly unlikely the OP will get any extra scrutiny.
– jpatokal
Apr 9 '15 at 2:42
@jpatokal The OP said three weeks, not three months.
– Michael Hampton
Apr 9 '15 at 2:52
1
Oops, you're right, but I can't edit my comment anymore. My opinion remains the same though, that's not a suspicious travel pattern.
– jpatokal
Apr 9 '15 at 3:35
4
@jpatokal Perhaps not, but I still want to make the point for the hundreds of other people who will read this, wanting to make two trips to the US in a short time period. For some of those, their travel patterns will be suspicious in exactly this way.
– Michael Hampton
Apr 9 '15 at 3:36
1
@pnuts I'm not surprised. A few months ago CBP deleted a lot of useful information from their web site, and they haven't yet restored any of it. The rules have not changed, though.
– Michael Hampton
Oct 4 '16 at 21:02
add a comment |
The US does not use the 90-in-180 day rule that is used in the Schengen area and by many other countries. Instead, once you have left North America (to include Canada, Mexico and various Caribbean islands) and/or returned to your home country, when you return to the US -- even if it is the next day! -- you can be admitted for another 90-day stay.
The catch is that on your subsequent entry you may be scrutinized more carefully. CBP is looking for people who are trying to game the system and covertly live in the United States. So you should carry all of the documents needed to show that this is a legitimate business trip, essentially the same as if you were applying for a visa. If your purpose is legitimate and the CBP officer is satisfied, you will be admitted.
answered Apr 7 '15 at 1:44
Michael HamptonMichael Hampton
38.2k284170
If the previous trip was only for two weeks and they left the US three months ago, it's highly unlikely the OP will get any extra scrutiny.
– jpatokal
Apr 9 '15 at 2:42
@jpatokal The OP said three weeks, not three months.
– Michael Hampton
Apr 9 '15 at 2:52
1
Oops, you're right, but I can't edit my comment anymore. My opinion remains the same though, that's not a suspicious travel pattern.
– jpatokal
Apr 9 '15 at 3:35
4
@jpatokal Perhaps not, but I still want to make the point for the hundreds of other people who will read this, wanting to make two trips to the US in a short time period. For some of those, their travel patterns will be suspicious in exactly this way.
– Michael Hampton
Apr 9 '15 at 3:36
1
@pnuts I'm not surprised. A few months ago CBP deleted a lot of useful information from their web site, and they haven't yet restored any of it. The rules have not changed, though.
– Michael Hampton
Oct 4 '16 at 21:02
add a comment |
The US does not use the 90-in-180 day rule that is used in the Schengen area and by many other countries. Instead, once you have left North America (to include Canada, Mexico and various Caribbean islands) and/or returned to your home country, when you return to the US -- even if it is the next day! -- you can be admitted for another 90-day stay.
The catch is that on your subsequent entry you may be scrutinized more carefully. CBP is looking for people who are trying to game the system and covertly live in the United States. So you should carry all of the documents needed to show that this is a legitimate business trip, essentially the same as if you were applying for a visa. If your purpose is legitimate and the CBP officer is satisfied, you will be admitted.
answered Apr 7 '15 at 1:44
Michael HamptonMichael Hampton
38.2k284170
The US does not use the 90-in-180 day rule that is used in the Schengen area and by many other countries. Instead, once you have left North America (to include Canada, Mexico and various Caribbean islands) and/or returned to your home country, when you return to the US -- even if it is the next day! -- you can be admitted for another 90-day stay.
The catch is that on your subsequent entry you may be scrutinized more carefully. CBP is looking for people who are trying to game the system and covertly live in the United States. So you should carry all of the documents needed to show that this is a legitimate business trip, essentially the same as if you were applying for a visa. If your purpose is legitimate and the CBP officer is satisfied, you will be admitted.
answered Apr 7 '15 at 1:44
Michael HamptonMichael Hampton
38.2k284170
answered Apr 7 '15 at 1:44
Michael HamptonMichael Hampton
38.2k284170
answered Apr 7 '15 at 1:44
Michael HamptonMichael Hampton
38.2k284170
answered Apr 7 '15 at 1:44
Michael HamptonMichael Hampton
38.2k284170
38.2k284170
If the previous trip was only for two weeks and they left the US three months ago, it's highly unlikely the OP will get any extra scrutiny.
– jpatokal
Apr 9 '15 at 2:42
@jpatokal The OP said three weeks, not three months.
– Michael Hampton
Apr 9 '15 at 2:52
1
Oops, you're right, but I can't edit my comment anymore. My opinion remains the same though, that's not a suspicious travel pattern.
– jpatokal
Apr 9 '15 at 3:35
4
@jpatokal Perhaps not, but I still want to make the point for the hundreds of other people who will read this, wanting to make two trips to the US in a short time period. For some of those, their travel patterns will be suspicious in exactly this way.
– Michael Hampton
Apr 9 '15 at 3:36
1
@pnuts I'm not surprised. A few months ago CBP deleted a lot of useful information from their web site, and they haven't yet restored any of it. The rules have not changed, though.
– Michael Hampton
Oct 4 '16 at 21:02
add a comment |
If the previous trip was only for two weeks and they left the US three months ago, it's highly unlikely the OP will get any extra scrutiny.
– jpatokal
Apr 9 '15 at 2:42
@jpatokal The OP said three weeks, not three months.
– Michael Hampton
Apr 9 '15 at 2:52
1
Oops, you're right, but I can't edit my comment anymore. My opinion remains the same though, that's not a suspicious travel pattern.
– jpatokal
Apr 9 '15 at 3:35
4
@jpatokal Perhaps not, but I still want to make the point for the hundreds of other people who will read this, wanting to make two trips to the US in a short time period. For some of those, their travel patterns will be suspicious in exactly this way.
– Michael Hampton
Apr 9 '15 at 3:36
1
@pnuts I'm not surprised. A few months ago CBP deleted a lot of useful information from their web site, and they haven't yet restored any of it. The rules have not changed, though.
– Michael Hampton
Oct 4 '16 at 21:02
If the previous trip was only for two weeks and they left the US three months ago, it's highly unlikely the OP will get any extra scrutiny.
– jpatokal
Apr 9 '15 at 2:42
If the previous trip was only for two weeks and they left the US three months ago, it's highly unlikely the OP will get any extra scrutiny.
– jpatokal
Apr 9 '15 at 2:42
@jpatokal The OP said three weeks, not three months.
– Michael Hampton
Apr 9 '15 at 2:52
@jpatokal The OP said three weeks, not three months.
– Michael Hampton
Apr 9 '15 at 2:52
1
1
Oops, you're right, but I can't edit my comment anymore. My opinion remains the same though, that's not a suspicious travel pattern.
– jpatokal
Apr 9 '15 at 3:35
Oops, you're right, but I can't edit my comment anymore. My opinion remains the same though, that's not a suspicious travel pattern.
– jpatokal
Apr 9 '15 at 3:35
4
4
@jpatokal Perhaps not, but I still want to make the point for the hundreds of other people who will read this, wanting to make two trips to the US in a short time period. For some of those, their travel patterns will be suspicious in exactly this way.
– Michael Hampton
Apr 9 '15 at 3:36
@jpatokal Perhaps not, but I still want to make the point for the hundreds of other people who will read this, wanting to make two trips to the US in a short time period. For some of those, their travel patterns will be suspicious in exactly this way.
– Michael Hampton
Apr 9 '15 at 3:36
1
1
@pnuts I'm not surprised. A few months ago CBP deleted a lot of useful information from their web site, and they haven't yet restored any of it. The rules have not changed, though.
– Michael Hampton
Oct 4 '16 at 21:02
@pnuts I'm not surprised. A few months ago CBP deleted a lot of useful information from their web site, and they haven't yet restored any of it. The rules have not changed, though.
– Michael Hampton
Oct 4 '16 at 21:02
add a comment |
protected by Michael Hampton Sep 22 '16 at 0:53
Thank you for your interest in this question.
Because it has attracted low-quality or spam answers that had to be removed, posting an answer now requires 10 reputation on this site (the association bonus does not count).
Would you like to answer one of these unanswered questions instead?
3
I don't think you are allowed to work underneath the VWP program. Please check - UK citizen, US company, living in UK: Can I use an ESTA?
– Aditya Somani
Jul 6 '14 at 16:38
1
I think you should be OK but I don't really know. In any case, it will be either 90 days (i.e. the trip back to England count as leaving permanently and you get another 90 days on the second entry) or about 50 days (i.e. 90 days from the first entry). I don't think there is any way your first 14 or so days would be counted without also counting the 3 weeks in England.
– Relaxed
Jul 6 '14 at 17:01
3
Original poster Geo here, sorry I should have added that I definitely do not need to consider the visa option, as there is a VWP for business program. This has been confirmed by an immigration attorney for me, so the ESTA is the option I am following.
– Geo
Jul 6 '14 at 17:18
2
@AdityaSomani The point is that he's employed in the UK but will temporarily be performing his duties in the USA. For example, you're allowed to attend conferences on VWP and your UK employer doesn't have to stop paying you for the time you're in the USA. I'm not sure where the cut-off is (Geo's lawyer is, though!) but the situation is more complicated than you were aware of.
– David Richerby
Jul 6 '14 at 21:29
@DavidRicherby I see. I just wanted to make sure that Geo was aware of the same. It was slightly ambiguous in the question. I would consider Geo's trip as a business trip in that case as well, not a job. :)
– Aditya Somani
Jul 6 '14 at 21:30