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I'm working here in Philippines for a company in US and they me pay directly. Prior to this work, I got a multiple entry B-1/B-2 visa for US. I would like to go to the US this year so that I can have a face-to-face meeting with my employer. Do I need another US visa for this purpose?

  • Is your visa B1/B2? – Roddy of the Frozen Peas Jul 16 '18 at 18:33
  • Yes, it is indicated as B1/B2. – ASD Jul 16 '18 at 18:35
  • Are you really an employee of the company (which in most countries means that every time you get paid, there’s also some money going to social security, retirement, etc), or do you have your own company (even if acting as a sole trader), and you invoice the “employer” and declare and pay yourself all required taxes etc? If the latter, you are really an employee of that company, visiting a client. – jcaron Jul 17 '18 at 7:48
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There is unfortunately some complexity here, due to your status as an employee of the US company.

If you were an employee of another company, your B1/B2 visa would enable you to go and consult with a customer or business partner. Many thousands of people visit the US on this basis every day.

If you were a contractor you would probably also be fine, although it might be better to arrange to not be paid for the time you are in the US (and have your customer up your rate to compensate). Contractors have been denied entry under similar circumstances.

However as an employee of a US company you have a problem, at least theoretically. The two main requirements for business visits to be covered by B1 are:

  1. Not doing any actual work (as opposed to planning, presenting or talking about work)
  2. Not receiving money from US sources.

You satisfy 1 but not 2.

If you are very insistent that you are not working you might well be admitted. However it might also be worthwhile consulting a specialist lawyer to check

You might consider setting yourself up as a one person contractor, so that you can reasonably claim to not be receiving money from US sources (your company would receive the money, and it would pay you).

  • a lawyer is not necessary, as the state department clearly states the requirements, and this is not a complicated visa. – AussieJoe Jul 16 '18 at 21:46
  • @AussieJoe but one requirement of a B-1 visa is to receive no income from a US source. If the contractor is being paid personally by the US client, the situation isn't particularly simple. Is it sufficient to refrain from billing for the time spent in meetings in the US? I doubt that's settled law, which implies that talking to a lawyer would be useful. – phoog Jul 17 '18 at 0:19
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You technically can use a B1 Visitor visa to only consult with business associates, but you cannot partake in any employment activities. That is specifically outlined by the US state department here:

Business (B-1)

Consult with business associates Attend a scientific, educational, professional, or business convention or conference Settle an estate Negotiate a contract

If you come to visit the US, with the purpose of a business meeting, you need a B1 business visa.

If you come to visit the US, with the purpose of employment, you need an Employment visa.

  • This is completely unhelpful. You CAN use a B1/B2 visa to have business meetings, and the OP says they have a B1/B2. – DJClayworth Jul 16 '18 at 20:52
  • @DJClayworth you know something the state department website doesnt? – AussieJoe Jul 16 '18 at 20:52
  • I think @DJClayworth's objection would be resolved if you were to lead with the B-1 rules, since the visa is a B-1/B-2 visa and can therefore be used for either purpose. – phoog Jul 16 '18 at 20:54
  • @DJClayworth the OP does NOT say which visa they have. You are making ASSUMPTIONS. This is straight from the state department website. Have a nice day. – AussieJoe Jul 16 '18 at 20:54
  • 2
    @AussieJoe load the comments under the question. – phoog Jul 16 '18 at 20:54

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