What Visa options do I have?

[Toby Walter 0]

Hi there,

I am currently in the U.S on an ESTA to attend business meetings and help with the start up and mentoring of new staff for the U.S branch of a company I am a part of in the U.K. I am a sales representative also responsible for training and supporting new members of staff, the U.K office asked me to perform this role as there has been issues with the capability and consistency of individuals recruited for the role domestically.  

I first entered the U.S in October staying for 2 months and returning to the U.K for a 3 week period, I have since returned to the U.S. and plan to be here for another month as which will take my total time spent in the U.S. this year on the ESTA to around 140 days.

 

The head of operations in both the U.K. and U.S would like me to stay/return here, so I would like to know what options are available to me. Will I be able to reenter the U.S after returning home for a month, to stay here for a further 90 days on my current ESTA? 

 

The head of ops in the U.S has also tabled the offer of full time employment from the U.S office, my absolute preference is securing a long term working visa here, I understand the first shout would be the H-1B but I do not think this is applicable to me as I do not hold a degree of any kind. My value comes from extensive experience and proven abillity in the role and industry, I have performed similar roles in two different countries and excelled in each. I have just under 5 years experience since entering the industry directly from school. 

 

I do not think the L-1 intra company transfer will be applicable to me either, due to my documented time with the company in the U.K. being less than a year. This has lead me to the E type visas, I am not sure how these may apply to me. 

Any information and advice is greatly appreciated. Navigating the mine field that is U.S. Immigration law is no walk in the park for a 20 year old Brit like myself. Of course I have the option to consult an Immigration lawyer, but until I can gain some reassurances that some of these visa options may actually be viable in my specific circumstances I just cannot cough up the $250/hr consultation price. 

 

Again, any information is extremely appreciated. 

 

Thanks

 

Toby

[aleful 1,905]

there is nothing that you have to pay

 

if they want you here, the company will hire an attorney and find out on what type of work visa you are able to come, this is not your problem

 

be careful to not abuse your visa waiver so they don't take it away.

[Boiler 45,525]

Certainly pushing the limits on the VWP both as to activity and duration.

[jan22 3,056]

I would be more concerned about the activities you are involved in rather than the frequency of visits.  You are clearly, IMO, working in the US, which is absolutely not permitted under a visa waiver entry.  You will bear the consequences of what the company is asking you to do -- which could easily result in your losing visa waiver privileges and/or being hit with a lifetime ineligibilty.

 

You should also not bear the cost of an immigration attorney...that also is the company's responsibility.  Seems to me your employer is taking advantage.