Nanny traveling with US employers on VWP

[forgetmenots 0]

I'm a UK nanny, employed in Europe by US citizen employers. We live in Europe most of the year and I travel with them to the USA for several weeks at a time on the VWP when they have work projects to complete in the USA. I travel on the VWP as our trips are less than 90 days at a time. On my last visit, which was for 80 days, the immigration officer said I need to "be careful" as I am "clearly abusing" the VWP? I called the US embassy in my home city and they said that as long as my trips are for under 90 days each time, and I remain both resident AND employed in the European city, then I am perfectly right in using the VWP as my trips are effectively for business and meet the terms of the VWP. I have another short 2 week trip coming up in 2 weeks and I am now concerned I will be turned back even though I am traveling with my employers child. Advice would be much appreciated?

[Boiler 46,013]

The PoE decides on whether you can enter.

How many days have you been spending in the US?

[LIFE'SJOURNEY 970]

It's rather if the POE's are looking at her trips as vacation vists or working trips. There is a thin line between the two for you. Are you working or just visiting. If you ae working for the USC as a nanny on these trips then there lyes the problem.

[forgetmenots 0]

The PoE decides on whether you can enter.

How many days have you been spending in the US?

In the 2yrs and 4 months I have been employed by this family, we have spent maybe 8 months in total in the USA.

[forgetmenots 0]

It's rather if the POE's are looking at her trips as vacation vists or working trips. There is a thin line between the two for you. Are you working or just visiting. If you ae working for the USC as a nanny on these trips then there lyes the problem.

I always tick the "Business" box, and explain to the IO that I am traveling with my employers who are here on business and I am their nanny. This last trip was the first time I have been told anything other than "Ok have a great visit". I am paid in my European bank account from their European bank account. I see no difference in what I am doing to businessmen who come to NYC or LA on both short or extended business trips?

[LIFE'SJOURNEY 970]

I always tick the "Business" box, and explain to the IO that I am traveling with my employers who are here on business and I am their nanny. This last trip was the first time I have been told anything other than "Ok have a great visit". I am paid in my European bank account from their European bank account. I see no difference in what I am doing to businessmen who come to NYC or LA on both short or extended business trips?

There lies the problem, as a doctor would tell a patient who is trying to self diagnosis themself. A Businessman, shouldn't be using the VWP to visit the US to conduct business, they should have the apprioprate visa, i.e a Business visa. Therefore your last statement put you and the business person in the wrong.

Again, if you are working while in the US, your employer should be attaining the correct visa for you. Yes, they did allow you to use the VWP for the inital trips, but your pattern of visiting has indicate that you'll are abusing the VWP. Be glad, the POE officer didn't turn you around on the last trip.

Edited September 23, 2011 by LIFE'SJOURNEY

[Boiler 46,013]

She is a Nanny for a USC. B1 is the correct visa, or in this case the VWP with a Business classification.

[LIFE'SJOURNEY 970]

She is a Nanny for a USC. B1 is the correct visa, or in this case the VWP with a Business classification.

Yes, the B1 would be the correct one , not the VWP.

[Deputy Purple 1,294]

Yes, the B1 would be the correct one , not the VWP.

From the USCIS:

Visa Waiver Program

Allows citizens of certain selected countries, traveling temporarily to the United States under the nonimmigrant admission classes of visitors for pleasure and visitors for business, to enter the United States without obtaining nonimmigrant visas. Admission is for no more than 90 days. The program was instituted by the Immigration Reform and Control Act of 1986 (entries began 7/1/88). Under the Guam Visa Waiver Program, certain visitors from designated countries may visit Guam only for up to 15 days without first having to obtain nonimmigrant visitor visas.

She's doing nothing wrong...

Edited September 23, 2011 by Bob 4 Anna

[LIFE'SJOURNEY 970]

From the USCIS:

Visa Waiver Program

Allows citizens of certain selected countries, traveling temporarily to the United States under the nonimmigrant admission classes of visitors for pleasure and visitors for business, to enter the United States without obtaining nonimmigrant visas. Admission is for no more than 90 days. The program was instituted by the Immigration Reform and Control Act of 1986 (entries began 7/1/88). Under the Guam Visa Waiver Program, certain visitors from designated countries may visit Guam only for up to 15 days without first having to obtain nonimmigrant visitor visas.

She's doing nothing wrong...

Again, it say traveling temp. she just stated that in 2 years they have spent 8 monts total time in the US. Her pattern is what is dictating the problem.

[Brother Hesekiel 2,236]

None of you guys have identified the problem.

Yes, she can use the VWP in lieu of a B1 for up to 90 days. But even the B1 does not allow work as a nanny in the U.S. It's really that simple.

The B1 is for business travelers who attend a meeting or conference, not for people who work in the U.S. and get paid for such work. To illustrate this, look at it this way: Brit works for British company. Travels for said company to the U.S., works there for same company, gets paid in British pound to U.K. bank account.

Same thing, just more blatant. If that would be legal, all a foreigner had to do is seek employment at a foreign company and then work in the U.S. for them and get paid at home.

Not so. Not even by a long shot.

The nanny thing enters the twilight zone of was constitutes "work." Normally CBP couldn't care less, but it is in fact up to the CBP officer to deny admission to the U.S. based on the assumption of illegal work and abuse of the VWP.

Yes, I'm sure.

[Boiler 46,013]

Wrong

[JoannaV 174]

If you really were "clearly abusing" the VWP then it would have been the IO's duty to turn you away that very time.

The US Embassy said it was fine, you can't really get much better than that.

If you were spending every other week in the US, that would be dodgy. But you're not, you're there about 2/7 of the time.

The IO may have been warning you because it was a long trip. Your next trip is only for two weeks so I shouldn't worry about it.

If you plan on working for this family for a good while longer then you may want to discuss with them about you getting some kind of visa in the future, if it is something that worries you.

[Boiler 46,013]

If you really were "clearly abusing" the VWP then it would have been the IO's duty to turn you away that very time.

The US Embassy said it was fine, you can't really get much better than that.

If you were spending every other week in the US, that would be dodgy. But you're not, you're there about 2/7 of the time.

The IO may have been warning you because it was a long trip. Your next trip is only for two weeks so I shouldn't worry about it.

If you plan on working for this family for a good while longer then you may want to discuss with them about you getting some kind of visa in the future, if it is something that worries you.

A warning is not that unusual.

What kind of visa did you have in mind?

[Deputy Purple 1,294]

None of you guys have identified the problem.

Yes, she can use the VWP in lieu of a B1 for up to 90 days. But even the B1 does not allow work as a nanny in the U.S. It's really that simple.

But the Nanny things isn't working for a US employer or taking work from a US Citizen.

Just like any other Business Traveler (such as her employer) she is still working for her European Employer but a portion of her work is being performed within the borders of the US.

There is an important distinction between "work in the US" which B1 & VWP does allow and "US Based Employment" which neither allows...