Q: What US visa do I need as an independent contractor engaged by a US company?
Hi. I currently work as an independent contractor in Australia, and have just signed a contract with a US based company (paid in USD to an AU bank account whilst living and being based in Australia). They have asked me to come and consult with them in the US, and are looking at me coming to the US for two weeks a month to meet with suppliers and staff. During this time, I’ll also be working on producing the key deliverables I’ve agreed to provide to them, which is what they engage me as an independent contractor to do. I would then spend alternate fortnights back home in Australia, though I’m looking to also rent an apartment in the US to stay at when I’m there. What visa would I need, given I’m engaged by the company as a contractor not an employee, and that I’ll be coming two weeks every month for the next 2-3 years at least? Thanks.
Note: I’m looking at an E3 visa but am unsure if this is available to me as I’m not an employee, I’m an independent contractor.
A: If working in the US in a specialty occupation, an E-3 visa is available to citizens of Australia
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A:
For your situation, where you're an independent contractor for a US-based company, the B-1 visa might be suitable. It allows you to travel to the US for business meetings, consulting with clients, attending conferences, and other professional engagements, but it doesn't permit you to work directly in the US or receive compensation from a US source while you're there. Since you're not an employee and won’t be employed by the US company, this visa could fit for your brief visits to consult and meet with their staff.
However, since you're planning to come to the US regularly over an extended period and rent an apartment, it’s important to ensure that your activities remain within the scope allowed under a B-1 visa, which generally covers meetings and business interactions, not actual work. For more extensive engagement, you might want to consult an immigration lawyer to explore options that may be more appropriate for long-term stays, like an E-3 visa or other visa types, based on your contract.
The E-3 visa, which is specific to Australians, is traditionally used for employees. However, depending on how your contract is structured and if it could meet certain employment conditions, it's worth discussing with an expert who can clarify if your independent contractor status qualifies under this visa or another suitable category. It’s crucial to match the right visa to the nature of your work and travel plans.
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