Looking for work in US without VISA

[jaycali 415]

Hello, I have a slight problem where as I myself have recently obtained an E-3 Visa, and am legal to work in the United States for 2 years, how ever my girlfriend is still trying to find work.My company is pushing for me to get there ASAP, and so we're planning to book our flights in a few months, and I will enter the country on my E-3 visa, and my girlfriend will enter on the tourist 90 day waiver program after which she will look for work in person.We're aware she will have to exit the country to obtain her visa upon securing work, but we're worried about the whole situation of her entering the country with no explicit exit date for her, and with the purpose to find work but without a secured visa.Will this cause us a problem at the border? She is a professional in the advertising industry, and as such, its very hard for her to get a job offer without interviewing face to face .. This is just the nature of her work. Her tourist visa will give her 90 days to find something, which we think is quite acceptable ... We're just worried they may not let her in the country if she states that she is there to find work.We're not sure if she should just not mention that fact when she enters, and just claim its a holiday, or if she should state that she will be looking for work .. Either way, if she doesn't have work in 90 days, she will have to leave .. im just worried it might make things difficult coming in ..Can anybody give me some guidance here? Thanks

She can apply for jobs and she can interview for them. She just cannot accept work. I wouldn't volunteer the information that she'll be looking for jobs unless asked by the CBP officer. Before I went to college in the US, i entered on the VWP to visit a couple of schools. The CBP had no problem with this, but just reminded me that I needed a student visa to actually attend school.

One of the requirements of being eligible for travel on the VWP is that she is in possession of a valid return ticket within 90 days. She will likely not be allowed entry without a valid return ticket.

Edited November 20, 2012 by Jay Jay

[illama 1]

Well, my boss who is also australian and just moved there on an E3 also doesn't have a degree. We both have 8 years or so professional experience though.

The cost of bringing someone over on an E3 visa is minimal .. In the hundreds, often the applicant offers to pay the fee to sweeten the deal. Its not like the H1B, which is expensive. They've made it easy for Australians.

Yea, then theres marriage .. An option, but something id rather not do, she deserves better than a shotgun wedding so I can take a job in the states.

[illama 1]

She can apply for jobs and she can interview for them. She just cannot accept work. I wouldn't volunteer the information that she'll be looking for jobs unless asked by the CBP officer. Before I went to college in the US, i entered on the VWP to visit a couple of schools. The CBP had no problem with this, but just reminded me that I needed a student visa to actually attend school.

One of the requirements of being eligible for travel on the VWP is that she is in possession of a valid return ticket within 90 days. She will likely not be allowed entry without a valid return ticket.

Yea, and thats what im hoping for. A chance to at least feel out the job market, and when the time comes, she came leave and go through the visa process from another country.

Tecnically, it wouldn't be a lie anyway .. she would be on holidays , site seeing, not working, not paying rent etc .. She's never been to the US , so it would be a holiday, I would be the one at work.

[Teddy B 17,252]

She can apply for jobs and she can interview for them. She just cannot accept work. I wouldn't volunteer the information that she'll be looking for jobs unless asked by the CBP officer. Before I went to college in the US, i entered on the VWP to visit a couple of schools. The CBP had no problem with this, but just reminded me that I needed a student visa to actually attend school.

One of the requirements of being eligible for travel on the VWP is that she is in possession of a valid return ticket within 90 days. She will likely not be allowed entry without a valid return ticket.

Jay Jay, if it's perfectly legal to look for work on the VWP or B1, then why wouldn't you state that to border patrol as your purpose for coming to the states?

This is a gray area because there is no definitive language that states you cannot look for employment on either the USCIS or US Dept. of State websites. But there is definitive language on what IS alllowed on a B1/VWP and seeking employment is not on that list. This chart from the Dept. of State website lays out the guidelines pretty clear. It also states on page 2 that if you are "seeking employment" then a B1 visa is not the right choice.

B1 Visa

Also, in regards to not telling CBP about seeking employment while on the VWP, if they decide to search your luggage and find job related materials (resume, contacts, etc.) after you've told them you're coming to the US as a tourist, that is misrepresentation/fraud and they will reject your visa and send you home, so that's probably not a good idea.

There are a bunch of immigration attorney websites that state the following:

The Visa Waiver Program (VWP) offers an easy, effective method to travel to the U.S. for business or pleasure. The program enables citizens of participating countries to travel to the U.S. for pleasure or business for 90 days or less without officially obtaining a U.S. visa. Although the Visa Waiver Program is available to business visitors (similar to the B-1 visa), it is important to note that this visa does not allow employment in the U.S. Business visitors may attend meetings, conventions, conferences, or negotiations on behalf of a foreign employer, but may not perform productive work in the U.S. Using the Visa Waiver Program to look for a job or attend job interviews is not allowed. Please note that VWP stays cannot exceed 90 days, and persons traveling on VWP are not eligible to extend or change status within the U.S.

My link

I would like to get input from some of the members here that could show definitively, either way. I have seen incorrect information on US Embassy websites before, so something from USCIS or US Dept. Of State would be great.

[illama 1]

Saying that it is illegal to attend interviews while on the visa waiver program is simply not true.. I know many people who have done this, and have declared this to the officials entering the country, with their exit tickets in hand.. I think your getting confused with intent to immigrate, which they obviously have to prove your not trying to do.

it is also not illegal to come to the US and work for your external company on the VWP if your not staying or planning to immigrate .. I do this every few months and state to the officer im there for work everytime .. I never have any problems, and generally leave within 2 weeks.

Iv spoken with the consulate and my bosses now, and they have pointed me to the embassy website for more details, so obviously im going to believe what I read there. Internet forums and random blog posts im finding are awash with inconsistent and unreliable information.

Edited November 20, 2012 by illama

[Teddy B 17,252]

Saying that it is illegal to attend interviews while on the visa waiver program is simply not true.. I know many people who have done this, and have declared this to the officials entering the country, with their exit tickets in hand.. I think your getting confused with intent to immigrate, which they obviously have to prove your not trying to do.

it is also not illegal to come to the US and work for your external company on the VWP if your not staying or planning to immigrate .. I do this every few months and state to the officer im there for work everytime .. I never have any problems, and generally leave within 2 weeks.

Iv spoken with the consulate and my bosses now, and they have pointed me to the embassy website for more details, so obviously im going to believe what I read there. Internet forums and random blog posts im finding are awash with inconsistent and unreliable information.

You're correct in that you can work on a VWP, as long as you fall under the regulations of a B1 visa.

Anyhow, I'm not here to argue, everything I say is based on what I've read and my own experiences. I always try to provide the best information I can, it may not always be right, and if it's wrong I'll be the first to admit it. Good luck in your venture!

[Teddy B 17,252]

Saying that it is illegal to attend interviews while on the visa waiver program is simply not true.. I know many people who have done this, and have declared this to the officials entering the country, with their exit tickets in hand.. I think your getting confused with intent to immigrate, which they obviously have to prove your not trying to do.

it is also not illegal to come to the US and work for your external company on the VWP if your not staying or planning to immigrate .. I do this every few months and state to the officer im there for work everytime .. I never have any problems, and generally leave within 2 weeks.

Iv spoken with the consulate and my bosses now, and they have pointed me to the embassy website for more details, so obviously im going to believe what I read there. Internet forums and random blog posts im finding are awash with inconsistent and unreliable information.

I have spoken to a friend of mine regarding this issue, he has experience in the immigration field and I value his opinion. He has told me that it is indeed LEGAL for a person on a VWP/B1 visa to LOOK for employment while in the states.

[Boiler 45,558]

I prefer to say you can undertake business on a B. Not work.

[Ippsy Pippsy 31]

Yea, then theres marriage .. An option, but something id rather not do, she deserves better than a shotgun wedding so I can take a job in the states.

"Shotgun"? It isn't like you are leaving tomorrow, is it? You have some time.

I hope you've discussed this with her, since not having an already processed visa would put her at an extreme disadvantage in interviews, I'd think. Has she already checked what the current job market is for advertising in the area you will be?

Between "you won't have a job or a work permit but maybe you can have a big fancy wedding someday (that we'll be still paying for ten years later)" and "maybe you can get a job because you'll already have a work permit and we'll already be married and not have to worry about wedding plans anymore" I know what I would choose. What are your priorities here? A job? Time together? Your relationship? A fancy wedding? She doesn't have to go with you. She could stay behind until your job is over if you don't want to get married.

If she can't find anything while she is visiting, then what? Can you get married and since she can't convert a VWP visa to an E-2 spousal visa, she goes back home and then comes back? The airfare alone has to be more expensive than any visa fees! If you want her to stay, it sounds like she'd have the most options if she has a spousal visa.

P.S. At least here you can put together a big wedding in a month if you make the right choices.

Edited November 20, 2012 by Ippsy Pippsy

[jaycali 415]

Jay Jay, if it's perfectly legal to look for work on the VWP or B1, then why wouldn't you state that to border patrol as your purpose for coming to the states?This is a gray area because there is no definitive language that states you cannot look for employment on either the USCIS or US Dept. of State websites.

That's because it isn't illegal to look for employment on the VWP as long as you don't start working.

The reason why I wouldn't volunteer the information is the same reason I wouldn't tell the spouse of a USC to volunteer the information that's he/she is visiting their spouse. There's no crime in visiting a spouse, but it makes the CBP unneccecarily suspicious.

There's a huge difference between lying and simply not volunteering information.