Do I need a Visa for semi-work travel to US?

[dalereardon]

Hi,

Next year I will be travelling to Hawaii with my wife for both holiday and work purposes.

The work is to do with my PhDstudies at University and I may be presenting at a conference. The work of attending the conference and presenting won't be paid work of course!

Do you need a special visa for that sort of travel?

I am an Australian citizen and so is my wife. Probably going to stay for around 2 to 3 weeks in total.

Thanks,
Dale.

 

[markis10]

Presenting at a conference unpaid is unlikely to be considered work, nor would it be considered education/study so I would expect the normal waiver would be fine. If in doubt ask the embassy, I am no lawyer.

 

[Hvr]

Surely your university has dealt with this issue before? They should be able to answer the question very quickly.

 

[markis10]

Presenting at a conference unpaid is unlikely to be considered work, nor would it be considered education/study so I would expect the normal waiver would be fine. If in doubt ask the embassy, I am no lawyer.

A quick bit of googling would suggest my legal expertise in this matter is non existent:

Participants in scientific, educational, professional, or business conventions, conferences or seminars may travel to the United States on B-1 visas or visa free travel under the Visa Waiver Program (VWP). The B-1 visa or travel under the VWP is also appropriate if presenting a paper at the conference, provided there is no remuneration from a U.S. source other than expenses incidental to the stay. Those who will receive an honorarium in addition to incidental expenses will only be eligible for the B-1 visa or travel under the VWP if all of the following are met:


the activities will last no longer than nine days at a single institution;
the institution is a nonprofit research organization or a governmental research organization, or an institution of higher education, or a related or affiliated nonprofit entity;
such activities are conducted for the benefit of the institution or entity; and
the delegate has not accepted such payment or expenses from five such institutions during the previous six month period.
If the proposed activities are not exactly as described, an exchange visitor (J-1) or temporary work (H-1) visa will be required.

 

[dalereardon]

Thanks for that.

Hadn't asked the University as it won't be an official Uni trip.

Dale.

 

[drewbles]

I travel to the USA frequently for business. I simply tell them the main purpose of my visit is business and they stamp my passport and circle VWB rather than VWT (Visa Waiver Business/Tourist).

Never an issue. If you're there for work/conferences but any income is coming from Australia, they don't mind as long as it's not over 3 months.

 

[TheDan]

Never an issue. If you're there for work/conferences but any income is coming from Australia, they don't mind as long as it's not over 3 months.

I am not sure if thats true in general - I am going to conduct some research work at a US university for around 2.5 months, unpaid as its entirely funded by Australia, and they insisted that I need a J-1 visa (not even B-1 is sufficient), costing around 450$ in total.

 

[DrA]

Been to conferences in the US as a PhD student, and as a postdoc. Only ever needed the standard ESTA through the visa waiver program.

If you were actually going to be working in a lab or something, as others have pointed out, you will require a separate visa. But for conferences, you can travel on the visa waiver program.

 

[bryanjones]

Been to conferences in the US as a PhD student, and as a postdoc. Only ever needed the standard ESTA through the visa waiver program.

If you were actually going to be working in a lab or something, as others have pointed out, you will require a separate visa. But for conferences, you can travel on the visa waiver program.

I have been to the US many times on work. No need for business visa if you are an australian citizen on australian passport. Note however that if you do intend to "work" in the US, e.g. draw compensation from a US entity then this does change the game. But if you are on normal business there is no need for a visa.

 

[TheDan]

I have been to the US many times on work. No need for business visa if you are an australian citizen on australian passport. Note however that if you do intend to "work" in the US, e.g. draw compensation from a US entity then this does change the game. But if you are on normal business there is no need for a visa.

I dont think it depends on compensation, as in my case I won't get any money from US sources. It mainly depends if the US institution benefits from you (visa) or not (visa-waiver)

 

[DrA]

I dont think it depends on compensation, as in my case I won't get any money from US sources. It mainly depends if the US institution benefits from you (visa) or not (visa-waiver)

Agreed. I did some work at a research institute in Nevada for 6 weeks and I needed a visa even though I was not being paid by the US institute, but my home university in Australia. This was back in 2009, so unless things have changed?