I have my own consulting company in Europe. Can I be on a b1 visa and work with and get new clients in the USA and bill them from my home country? I will be in the USA for about 4 months per year.
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1 Answer
B1 visas are complicated, ill defined animals but this is not allowed. In the normal course of events, this is clearly not allowed but there's a "B1 in lieu of H-1" (or H-3) scheme where it might be. But, in 9 FAM 402.2-5(F) (U) Aliens Normally Classifiable H1 or H3
In order for an employer to be considered a 'foreign firm' the entity must have an office abroad and its payroll must be disbursed abroad
You do not have an office abroad, do you?
But also
the source of the employee’s salary must be abroad;
Which I believe is not the case.
Finally, consulting a lawyer is advised.
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Since the question speaks of a "company" I suspect that there is a distinct legal entity involved and therefore both that there is an office abroad, even if it is just mellon face's residence, and that mellon face's income is foreign sourced. My question would be whether mellon face is properly considered to be "customarily employed" by that company.– phoogCommented Mar 25, 2017 at 7:21
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1Just to add that it probably would be legal to go to the US, solicit for customers, sign them up, and then return to your country, do the work there, and bill them. Soliciting for sales is allowed. Commented Mar 25, 2017 at 21:13