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

[doggie 0]

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.

Oh certainly, I wouldn't have thought otherwise. And it's certainly possible that, to obtain the B-1 visa, her company lied about the type of activities/work she was to do while in the USA. They are closed today, but tomorrow she'll call them to get their side of the story. Even if they come back and say "our lawyers assure us the type of work you did was legal"... well, we still wouldn't trust them 100%, which is why I'm here.

Great forum, btw. Thanks to all those who've responded both here and on my other "number of posts". (i.e. 1)

Edited May 1, 2012 by doggie

[jaycali 415]

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.

... I do have a hard time seeing how a Czech tour operator wouldn't have been able to hire a US guide.

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.

These days, employment in the US and on US soil can be two different things. But I get what you mean.

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.

I agree with Harsh, I gave general advice in the first post, and didn't read the job title well enough.

Edited May 1, 2012 by jaejayC

[Noah Lot 391]

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.

and notice that the company apparently tried to encourage her to fudge the truth...which suggests they knew that her future 'leading the group' was bogus...or else why not have her declare her TRUE intentions? But had she done so, she would have been forced to make an immediate U-turn back to the Czech Republic....isn't it wonderful when foreign companies encourage visa fraud? And is it really a surprise when many people have their visa applications denied because the VOs likely figured out (through the vague or evasive responses to their questions) the true (unlawful) purpose of the visa request, while ill informed relatives and friends cry and whine about those decisions?

So many people try to do end runs around our laws, it is no wonder that our VOs can be tough....and I for one applaud them.

[Boiler 46,004]

There must be thousands of tour groups entering the country every day, I would put serious money on the leaders being admitted on B1.

[LIFE'SJOURNEY 970]

There must be thousands of tour groups entering the country every day, I would put serious money on the leaders being admitted on B1.

Again,because one man ran the redlight and no one was harmed, doesn't make it okay for anyone else. The next person who breaks the law could be doing serious harm to you or themself. Can you put serious money on the fact that there have been leadersof tourgroups who didn't make it thru POE becauseof this. It does and have happen.

[doggie 0]

... I do have a hard time seeing how a Czech tour operator wouldn't have been able to hire a US guide.

Probably 90+ percent of Czech tourists do not speak English; she's not a 'tour guide' so much as a translator and facilitator... all wrapped in one. It's quite possible that, on some of these trips, there was an American guide, too, and my wife simply acted as translator.

yes, this was still a job that an American could have done: some Americans do speak Czech, afterall, but just a tiny handful. Anyway, not sure if this has any bearing on whether or not it was legal...

[Noah Lot 391]

the stipulations according to our laws that would allow a foreigner to carry out real work (as opposed to attending meetings, for ex) on a B1 are quite narrow...and leading a tour group is NOT amongst them.

Some examples that are allowed:

B1 Domestic Employee

B1 Basque Sheepherders (thanks to congressmen from Wyoming and Montana!)

B1 certain individuals working in the horse racing industry who are coming to work as a jockey (apprentice), stable hand, groomer for a FOREIGN OWNED stable only.

B1 installation/repair of machinery as defined in the purchasing contract (NOT after the fact)(wages paid by foreign entity)

B1 Construction...as a supervisor (amazingly) but under very narrow conditions

B1 Missionary work (typically Mormons)

B1 in lieu of H...the work must be of a type that normally requires a college/university degree, equivalent to work performed by an H1B holder....and a tour guide is not in that category. (wages paid by foreign entity)

B1 Certain non professional atheletes competing for prizes

B1 certain non professional musicians whose patrons are NOT paying for a ticket to said concert/event

B1 Certain folks working on ships doing research or other scientific endeavors within the 12 mile limit

B1 Certain ordained ministers who would be paid only by the 'love gifts' of the flock about to be fleeced (my editorial comment)

B1 certain professions coming to 'take orders' (like an artist or tailor) but whose product is made and sold outside the US

B1 certain researchers who are in essence paying their own way to carry out research or do an observership

B1 certain schleppers for congressional offices (i.e. interns) but under very restricted circumstances.

there may be one or two others, but leading a tour group for pay is not allowed by a B1 nor especially a B2 holder (one cannot even volunteer to do anything that resembles work as a B2 tourist for pleasure)

Oh yes (recent) ..speakers coming to yak about something can now receive an honorarium plus expenses (before it was just expenses)

Edited May 1, 2012 by Noah Lot

[Noah Lot 391]

Probably 90+ percent of Czech tourists do not speak English; she's not a 'tour guide' so much as a translator and facilitator... all wrapped in one. It's quite possible that, on some of these trips, there was an American guide, too, and my wife simply acted as translator.

yes, this was still a job that an American could have done: some Americans do speak Czech, afterall, but just a tiny handful. Anyway, not sure if this has any bearing on whether or not it was legal...

Work = work, no matter how some lawyer or anyone else wishes to sugarcoat it (and again, the 'suggestions' allegedly made by the company tell all....if this 'work' was really allowed by our laws, they would have given her some documentation to present at POE to support that decision, but instead, they told her to lie...sorry...to mislead the border officials....says something about lawyers, huh?

[LIFE'SJOURNEY 970]

Look when your wife was interviwed at the POE,she was given access to the US based on what she told the CBP as to her reason for entry into the US. Your wife didnot tell a CBP that she was acting acting as a tour guide for a group visitors. There is no group interview unless you are family, and if each person is over the age of 18,they are questioned by the CBP and granted entry based on their own individual responses.

Again, when she completed the customformand 194form,the purpose of visit is asked. I can guarnteed you that she did not indicated she was acting and working as a tour guide.

There are two many places that the same question is asked and if she lied,then she lied.

[Harsh_77 718]

Probably 90+ percent of Czech tourists do not speak English; she's not a 'tour guide' so much as a translator and facilitator... all wrapped in one. It's quite possible that, on some of these trips, there was an American guide, too, and my wife simply acted as translator.

yes, this was still a job that an American could have done: some Americans do speak Czech, afterall, but just a tiny handful. Anyway, not sure if this has any bearing on whether or not it was legal...

Most ppl who might have done the similar job in past or present might not be impacted much and may be even USCIS is aware of ppl doing similar jobs while on B1/2 and could have ignored it.

Unfortunately in your case she happens to be wife of USC and who is now looking to immigrate and that’s where the question comes how it should be put on the forms, unfortunately I don’t have a very good answer, all I told you in my earlier post is technically it would be illegal to do what she was doing.

[Peter_Pan 661]

So, if I am visiting the US and I am translating a book for a publishing house back home at the same time, I am committing some sort of fraud?

[Boiler 46,004]

I do not think they ignore it, far to common a scenario.

The only issue I see is that initially she entered on a B2 rather than B1.

[Noah Lot 391]

So, if I am visiting the US and I am translating a book for a publishing house back home at the same time, I am committing some sort of fraud?

do you mean like working online? You would not be doing work for an American entity/person within the US borders...doing something offline for the folks back home on your own time is OK...

[jaycali 415]

So, if I am visiting the US and I am translating a book for a publishing house back home at the same time, I am committing some sort of fraud?

Noah is right.

If you enter as a tourist, and that's the main purpose of your visit that's fine. If you happen to have some sort of freelance job back home where some of the work can be done while you happen to be in the US, that's fine. As long as the pay source is foreign, and no Americans could do the job. If you're translating a book for a foreign publisher, the work really isn't in the US. Meaning you could have just as well done it from your own backyard, back home.

The problem with the OP's wife job was it required her to be on US soil, so anyone doing the job would have to be physically in the US, meaning an American or LPR could have done it as well.

As far as the Czech language requirement, plenty of jobs have language requirements, and there are visas to facilitate that.. B-1 isn't one of them. Also, I doubt the Czech tour operator tried to find LPR or USC Czech speakers first..

Edited May 1, 2012 by jaejayC

[Peter_Pan 661]

So how is the OP's case different?