First post so a bit of an intro: My name is Adam Seabrook. I was most recently the CEO of Dollars.com, Inc my user powered price comparison startup based in Chicago. Before that I worked as an external recruiter with lots of awesome clients like Atlassian and I have been kicking around the Aussie industry since 1996. We were not able to close our Series A for Dollars.com before we ran out of runway. It was a fantastic experience and I met plenty of other Aussie founders, VC's and others doing great things in the startup community. I am now the Managing Director of ProShortlist Pty Ltd a company that recruits Australians and relocates them to the US on the E3 visa on behalf of other startups with housing relocation costs all paid for. I also hire US citizens and bring them to Australia on the 457 visa for Australian startups. ------
http://www.state.gov/documents/organization/87206.pdf this is the full doc Geoff was quoting from. I believe this is what the immigration officers use as a guideline when questioning you. Of all the issues I had to deal with the visa issue was the most stressful as raising a bunch of money and then getting denied entry to the US would have been game over for me. I would recommend applying for the long stay B1/B2 visa as this allows you to stay for 6 months at a time with possible 6 month extensions (which I applied for and was granted on my last trip). It lasts for 10 years. As you have to apply at the consulate for this visa and get asked more detailed questions the immigration officers at the point of entry don't seem to bother digging into your travel plans as you have already been vetted to a higher degree than a VWP traveller. I found this to be a useful guide: Example: An Australian company intends to set up a subsidiary in the United States. Alexandre, the COO of the Australian company, needs to make a series of trips to the United States to engage in start-up activities. With a B-1 visa, Alexandre may enter the United States to speak with real estate agents, look at potential manufacturing and/or office space, commence contract negotiations with regard to that space and meet with potential subcontractors. As long as Alexandre remains on the payroll of the Australian company, these activities would be consistent with the terms of the B-1 visa. Alternatively, if Alexandre is sent to the United States by his Australian employer to provide services on-site at an established U.S. company, his activity may not be permitted under the B-1 visa. Even if the U.S. company were transferring funds to the Australian company for Alexandre’s services, the B-1 visa would still not be appropriate. Alexandre would likely be deemed to be working for the U.S. company even if he continues to be paid by the Australian company. This second scenario would violate the terms of the B-1 visa. Alexandre’s U.S. employer should, instead, obtain work authorization for this person under another visa category that authorizes employment. ----- The advice I received from a number of immigration lawyers was that I was allowed to arrive in the US to establish the Delaware C-Corp, open an office, hire local workers but I was not then able to manage them from inside the US on the B-1 visa. Basically come over, set up the business, open bank accounts, hire local staff, close some deals then immediately return to Australia and acquire the E3 on behalf of this new US company I established then return and work legally. This is pushing the B1 to the very limits but I explained all of this to the immigration officer at the US consulate and he said these activities and my plan were fine and I should not have any issues. If they get the idea you are doing a job that a US citizen should be doing you will be in murky water. The best possible solution would be to set up your C-Corp from Australia then apply for the E3 visa which gives you full work rights and arrive on that instead of the VWP or long-stay B1. The main issue is that under the E3 you have to pay yourself the prevailing market rate for whatever job you will be performing which will chew through your startup capital very quickly and piss off your investors. Anyway rather than flood this thread with lots of information if anyone needs more advice I am happy to help as I spent many weeks researching and burned lots of money to make sure I was doing everything correctly. I know tax accountants and lawyers in the US who can get your C-Corp and bank accounts established before going over which is not an easy feat so happy to introduce you if this is your plan. Cheers, Adam -- Adam Seabrook More contact info at http://adamseabrook.com On 24/02/2012, at 9:58 AM, Geoff Langdale wrote: > It is equivalent to a B-1 visitor business visa. You definitely can't > work for a US-based business in that time (ie if you've incorporated > in Delaware or something there's no way you can come in legally and > get paid while visiting on a 90 day program). > > However, you can do these things: > > 9 FAM 41.31 N8 ALIENS TRAVELING TO UNITED STATES TO ENGAGE IN > COMMERCIAL TRANSACTIONS, NEGOTIATIONS, CONSULTATIONS, CONFERENCES, > ETC. > (CT:VISA-701; 02-15-2005) > Aliens should be classified B-1 visitors for business, if otherwise > eligible, if they are traveling to the United States to: > (1) Engage in commercial transactions, which do not involve gainful > employment in the United States (such as a merchant who takes orders > for goods manufactured abroad); > (2) Negotiate contracts; > (3) Consult with business associates; > (4) Litigate; > (5) Participate in scientific, educational, professional, or business > conventions, conferences, or seminars; or > (6) Undertake independent research > > All this information (and more) is available from > http://travel.state.gov/visa/temp/types/types_2664.html - it doesn't > need to be debated here. > > Geoff. -- You received this message because you are subscribed to the Silicon Beach Australia mailing list. 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