legal? wife with B1, B2, and B1/B2 visa worked as tour guide in US

[Harsh_77 718]

Sorry, but a B1 is a Business Visitor Visa. From State Department dot gov. (link below).

Business Visitor Visa (B-1) - For business-specific purposes

The chart below is an overview of key groupings of temporary business related travel permitted on business visitor visas (Note: This is not comprehensive. For other travel permitted under a business visitor visa (B-1), reference 9 FAM 41.31)

B1 Visa

Under B1 also one cannot earn any money, B1 is not allowed to work period.

B1 is for business meetings, training, conf etc.

[doggie 0]

but at business meetings, training, and conferences: you *do* earn money and this is working. You're still being paid by your employer.

[doggie 0]

see the link DaveE posted:

http://travel.state.gov/pdf/BusinessVisa.pdf

the answer's not black-and-white, it seems.

[LIFE'SJOURNEY 970]

see the link DaveE posted:

http://travel.state.gov/pdf/BusinessVisa.pdf

the answer's not black-and-white, it seems.

Yes, the answer is Black and White, the US has no need to hire a tour guide who is not legally allowed to work in the Us to show tourist around within the US. Language barrier is not a problem, I am sure there are many legal US residents who would have spoken the language.

Attending a meeting/conference is exactly as it is stated. The US is quite aware that attending a meeting is/could be part of someones existing employement international.

But performing a job, which is classified as a labor job within the US without the proper documentation is considered working illegally in the US. Your Gf knew this and you are now being made aware of it. When questioned at the POE about her intent within the US, and if she had indicated that she was arriving to be a tour guide for a group of visitors, she would have been deined entry and returned on the next plane smoking.

The question you need to focus on now is how are you going to deal with this, and lying is not the best answered.

[Harsh_77 718]

but at business meetings, training, and conferences: you *do* earn money and this is working. You're still being paid by your employer.

Yes for conference and meeting one does get paid, but not in US. Ones employer in foreign country is paying for it.

In OP’s case as long as the employer was paying the salary out of US that would be ok, but tips could be an issue.

Another thing is when one enters on B1 or B1/2 purpose of travel is not tourist officer at POE is notified of the intent example business meeting.

[LIFE'SJOURNEY 970]

Doggie has a number of posts out here within VJ that has some distrubing information, here is anotherhttp://www.visajourney.com/forums/topic/365646-apply-for-us-citizenship-for-son-at-embassy/page__gopid__5344512#entry5344512. In given advise that many are not quite sure of I would ask that if you are not 100% sure of your answers please be mindful that the wrong information can caue this family a life time ban.

Edited May 1, 2012 by LIFE'SJOURNEY

[doggie 0]

In OP’s case as long as the employer was paying the salary out of US that would be ok.

And this is exactly the case: she is being paid by a Czech travel agency when she returns to the Czech Republic. I'm still not convinced it's legal, though: if you look at DaveE's link, "lecturer or speaker" is perhaps closest to what she was doing. Of course, as the link admits "this list is not comprehensive" and the link to the more comprehensive list is broken, but perhaps I can dig it up elsewhere...

Edited May 1, 2012 by doggie

[doggie 0]

Another thing is when one enters on B1 or B1/2 purpose of travel is not tourist officer at POE is notified of the intent example business meeting.

that's what I'm trying to figure out: what did they stamp in her passport when she said "traveling", and how might that have been different if she had said "leading a small, informal group of Czech tourists".

the tour company she works for got her the B-1 visa, by the way, so she thought everything was legit (and perhaps it is). That said: I think they also advised her to say "traveling" instead of "leading tour"... but I don't know and she doesn't remember... and she doesn't even remember if she ever said "leading small group..." or not.

[jaycali 415]

Just stop and think for a second why did they make a work visa at the first place if you "CAN" work with regular B1/B2 tourist visa?

Then what do you suppose a B-1 is? It's a visa for business trips. It obviously doesn't allow you to get a job in the US, but that's not the case for the OP. She hasn't been employed by a US employer.

And this is exactly the case: she is being paid by a Czech travel agency when she returns to the Czech Republic. I'm still not convinced it's legal, though: if you look at DaveE's link, "lecturer or speaker" is perhaps closest to what she was doing. Of course, as the link admits "this list is not comprehensive" and the link to the more comprehensive list is broken, but perhaps I can dig it up elsewhere...

If she's paid by a Czech company in a job which Americans would not even qualify without a visa, taxed by the Czech Republic, paid on a Czech bank account and in all aspects was not employed in the US, and it was not journalism, I can't think of a much more appropriate visa than B-1 really. Btw, as a Czech citizen she should have been able to travel visa-free under the VWP, why did she have a visa?

Btw. Don't make up anything. You don't need to volunteer information, but don't ever lie to them either. If caught lying, your wife won't set foot in America again.

Edited May 1, 2012 by jaejayC

[doggie 0]

Btw, as a Czech citizen she should have been able to travel visa-free under the VWP, why did she have a visa?

The Czech Republic joined the VWP about 3 years ago; she received her B1/B2 visa 3 years prior.

All those conditions you listed--Czech bank, Czech taxes, etc--apply in this case, btw. Hmmm, perhaps this is a black-and-white case, afterall.

[Harsh_77 718]

that's what I'm trying to figure out: what did they stamp in her passport when she said "traveling", and how might that have been different if she had said "leading a small, informal group of Czech tourists".

the tour company she works for got her the B-1 visa, by the way, so she thought everything was legit (and perhaps it is). That said: I think they also advised her to say "traveling" instead of "leading tour"... but I don't know and she doesn't remember... and she doesn't even remember if she ever said "leading small group..." or not.

As per US immigration regulation and policy it is individual who needs to make sure they are on correct visa and are not violating any visa regulation.

The small travel company she was working for could have said anything that would not matter, it was her responsibility to make sure she had correct visa.

The problem is she was not coming here to do some work on behalf of her employer in Czech, moreover as tour guide she was doing a job that someone in US could had done, also if she received tips than that could be a problem as well.

Employer can only pay living expense while one is in US on B1.

Check out the B1/2 eligibility

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=cf6d83453d4a3210VgnVCM100000b92ca60aRCRD&vgnextchannel=cf6d83453d4a3210VgnVCM100000b92ca60aRCRD

Someone who is here on B1 and giving a speech at conference, he can do that but he is not supposed to get the payment for that in exchange.

[LIFE'SJOURNEY 970]

Then what do you suppose a B-1 is? It's a visa for business trips. It obviously doesn't allow you to get a job in the US, but that's not the case for the OP. She hasn't been employed by a US employer.

If she's paid by a Czech company in a job which Americans would not even qualify without a visa, taxed by the Czech Republic, paid on a Czech bank account and in all aspects was not employed in the US, and it was not journalism, I can't think of a much more appropriate visa than B-1 really. Btw, as a Czech citizen she should have been able to travel visa-free under the VWP, why did she have a visa?

Btw. Don't make up anything. You don't need to volunteer information, but don't ever lie to them either. If caught lying, your wife won't set foot in America again.

Jeejay, as I sit here in my government job, I will say you are giving bad advise to this member. This visitor had no right to do any job which constitute employment in the USA on US soil.

Edited May 1, 2012 by LIFE'SJOURNEY

[Harsh_77 718]

Then what do you suppose a B-1 is? It's a visa for business trips. It obviously doesn't allow you to get a job in the US, but that's not the case for the OP. She hasn't been employed by a US employer.If she's paid by a Czech company in a job which Americans would not even qualify without a visa, taxed by the Czech Republic, paid on a Czech bank account and in all aspects was not employed in the US, and it was not journalism, I can't think of a much more appropriate visa than B-1 really. Btw, as a Czech citizen she should have been able to travel visa-free under the VWP, why did she have a visa?

Btw. Don't make up anything. You don't need to volunteer information, but don't ever lie to them either. If caught lying, your wife won't set foot in America again.

She was not employed in US that’s part of the B1 condition, same time B1 is to attend a training, conf or meeting.

She was not doing that, she was working she was leading a tour group.

See previous post with link to USCIS page, if one is involved in any activity which can be performed by USC on B1 then that is illegal.

If a USC could not have lead the tour group than it would have been fair.

Edited May 1, 2012 by Harsh_77

[Harsh_77 718]

Jeejay, as I sit here in my government job, I will say you are giving bad advise to this member. This visitor had not right to do any job which constitute employment in the USA on US soil.

[DaveE 178]

I did not offer an opinon as to whether a tour guide is legal under the B1 visa or not. I only stated that the B1 is not a "tourist only" visa. The subject is far too complex for me. The CO has a good bit of leeway in interpretation though:

CO manual for B1 Visas