Travel Newbie Freelance Designer USA Visa Help

[AndyA]

Hey guys

Long time lurker first time poster.

I just got my first passport and am dying to visit the USA as it has been a life long dream...go the Dallas Cowboys!

I quit my job about a year ago and have been a Graphic Design freelancer (as a sole trader) since.

I am looking for some advice from fellow freelancers or traveling experts about my situation.

I aim to travel around the US for around 2/3 months (maybe longer if funds and visa permits) doing freelance design work to support myself and I'm not sure if I need to apply for a special visa to do this and if there are any certain requirements I need to know about.

I have done some research but haven't been able to find any rock solid info yet and thought I would try here before I started ringing around.

A friend of mine said to just say that I am on a holiday and I will be ok...problem is that I haven't got any employment history for the past year and I'm guessing this will be looked into upon my arrival.

I recently had friends travel to Europe who were questioned about their money situation and savings. They didn't have a lot of savings and were only allowed through as they had a pretty big credit card. As I have been working for myself I do not have a large amount of savings but do have pretty consistent cashflow and was wondering if there was a threshold of cash or credit cards limit I had to have aswell to get in.

Really appreciate if anyone can help me out and hopefully is all goes well I can return the favor in the future

Andy

 

[NM]

If you will be seeking work in the USA then you do not qualify for the Visa Waiver Program and need to apply for a visa.

 

[AndyA]

Hey thanks for the reply

I will not be seeking a traditional job or work...I will just be doing design work for previous clients in Australia?

Does that still classify as seeking work?

 

[harvyk]

The two big questions are, 1 - how long will you be there and 2 - will you be undertaking the work in the US?

If you travel there for the purposes of soliciting work, without the intention of doing the work in the country and your there less than 3 months then you can use the VWP.

If your planning on doing the work there then you will probably have a problem. What the US will be looking for in that case is strong ties back to your home country (and you'll probably need a business visa of some description, but I don't know the code). If you don't have them (such as family \ a house \ a job to return to) they will probably want something along the lines of a permanent residency visa prior to letting you in.

Keep in mind that if your doing work (I'm guessing that will include freelancing), the airport probably isn't going to be the only place your visa will be checked.

 

[harvyk]

Hey thanks for the reply

I will not be seeking a traditional job or work...I will just be doing design work for previous clients in Australia?

Does that still classify as seeking work?

So you won't be doing any work for US based companies?

 

[NM]

Hey thanks for the reply

I will not be seeking a traditional job or work...I will just be doing design work for previous clients in Australia?

Does that still classify as seeking work?

Will you be paid by Australian companies (clients) in A$ into your Australian bank account? If so, then I expect that is ok. Similar to me travelling to the USA while paid by my Australian employer back home.

But if you are planning to earn money from companies or clients in the USA then you will likely not be eligible for the Visa Waiver Program. I expect you would be needing the B1/B2 visa, but best to check with the USA consulate.

 

[Dave Noble]

If the only work you are planning to do is of the ilk of attending meetings or doing training then the VWT/VWB would be ok

It does not sound like that is what you plan to do. If you are doing any productive work then you would need a visa which permits work such as a L or H or E ( all of which iirc require sponsorship from a US company) or apply for a green card. A B visa as put forward would not be acceptable. The B visa is equivalent to the visa waiver

I would recommend paying the $12 for the US Consulate telephone service and see what they say

Dave

 

[futaris]

Will you be paid by Australian companies (clients) in A$ into your Australian bank account? If so, then I expect that is ok. Similar to me travelling to the USA while paid by my Australian employer back home.

I have also been in this situation. Even if your Australian Company is owned by a USA company, always tell immigration that you are only in the USA for consultation, and are working for an Australian Company, earning AUD.

For the OPs situation, I've never seen US or EU immigration ask to see your employment history or savings for an Australian Passport. I guess it depends on what you look like and where you're travelling to. For other poorer countries, this is often not the case.

 

[AndyA]

Thanks for all the great feedback so far.

I run my own graphic design company which is registered as a sole trader with an abn and do not work for other companies or plan on doing any usa business or meetings.

I make designs for Australian bands & clothing companies who pay me in AUD into my Commonwealth Bank and ING Direct AU Business accounts.

I also run some music and design community/news sites which earn a little bit of advertising...all in AU.

Sometime I get paid via paypal which I withdraw into the business account and occasionally get the odd international client who pays me via paypal aswell.

I most likely will not be there longer than 3 months and will not be doing any meetings, or anything like that.

I plan on doing some work every few days via the internet with my australian clients as I travel to keep my income flowing.

I am currently living with my parents and everything is registered at that address so hopefully that will help.

Does that clarify the situation?

 

[AndyA]

I have also been in this situation. Even if your Australian Company is owned by a USA company, always tell immigration that you are only in the USA for consultation, and are working for an Australian Company, earning AUD.

For the OPs situation, I've never seen US or EU immigration ask to see your employment history or savings for an Australian Passport. I guess it depends on what you look like and where you're travelling to. For other poorer countries, this is often not the case.

My friends who were asked are a few years younger than me and perhaps immigration saw one of their tattoos. They were asked to show their cash on hand and were quizzed about why they were travelling and such. I had another friend aswell who was asked about their financial sitatution but I can't get into contact with him to see what he did about it.

I am 28 years old and have a bit of a grungy beard and such but dress well so I think I should be ok haha.

 

[AndyA]

Keep in mind that if your doing work (I'm guessing that will include freelancing), the airport probably isn't going to be the only place your visa will be checked.

Where else might I get my visa checked aside from the airport?

Would they be asking about my employment situation?

 

[harvyk]

What it sounds like is this is a holiday. As such VWP is probably appropriate (provided your not there longer than 3 months).

2 things I would strongly recommend, first is have the return flight booked and a date locked in. Second is be careful with the amount of "work" stuff you take over (resumes are never a good idea, but a lappy would be no problem). If you get quizzed by CBP simply say you run an Australian business and the stuff is incase your clients have a need to contact you. (Which is not a lie), but explain that the primary purpose of the trip is a vacation. Also use the fact that you have Australian clients as the reason you would need to return to Australia.

If your there on holiday, and do not do anywork for local companies chances are no one will ask about your visa status. It would be if you tried to do any work for any local companies that the question may come up.

 

[Happy Dude]

Unless you're drumming up US business, I fail to see how tending your clients could be "seeking work" and make you ineligible for the VWP. It's not like you're putting an American out of a job. Besides, how would anyone even know what you're doing?

Getting in with limited funds, Gen Y work history and a beard is another matter. Good luck with that.

You'll get 90 days anyways, so why not just tell them you're there for two weeks and show them a few grand and an onward ticket? (Make sure you're fare is flexible for that approach.)

 

[AndyA]

Thanks for the replies

I think I will definitely be using the vacation angle as it actually is a vacation but I would like to keep up with my clients and be earning some money while doing it

I will only be taking a carry on backpack (with just clothes, camera and laptop), a few grand, a couple of visa credit cards and thats about it.

I will have a return ticket already booked and it will be under 90 days.

I won't be doing any work for local clients and dont need to take any resumes or anything like that

Starting to feel a little at ease about my situation so thanks for all the help so far

If anyone has any more experience, advice or anything like that I would love to hear it

Do you think I should still ring up and ask about my situation?

Andy

 

[Dave Noble]

Thanks for the replies

I think I will definitely be using the vacation angle as it actually is a vacation but I would like to keep up with my clients and be earning some money while doing it

I will only be taking a carry on backpack (with just clothes, camera and laptop), a few grand, a couple of visa credit cards and thats about it.

I will have a return ticket already booked and it will be under 90 days.

I won't be doing any work for local clients and dont need to take any resumes or anything like that

Starting to feel a little at ease about my situation so thanks for all the help so far

If anyone has any more experience, advice or anything like that I would love to hear it

Do you think I should still ring up and ask about my situation?

Andy

I would recommend it. It will cost you $12 ; you can give them this information and they will be able to advise whether you are entitled to do what you want to do under the visa waiver scheme. Doing productive work whilst in the USA may fall outside of what the Visa Waiver permits

 

[GoldCoastGuy]

You could always go a different tack (being under 30) and work in Canada under the Working Holiday Program and make side trips to the US (for non-work).

Working Holiday Program (WHP) Canada


Evan :->

 

[AndyA]

You could always go a different tack (being under 30) and work in Canada under the Working Holiday Program and make side trips to the US (for non-work).

Evan :->

Hey Evan

Thanks for that

I did consider Canada at the beginning but dismissed it as I could get a flight to LAX for $500/1000 cheaper than I could to Vancouver

I have had several Australian friends who have worked in Canada before but none of them owned their own businesses or worked freelance so I will look into the WHP.

I really want to avoid getting a job as I have more than enough work for my design business to keep me busy and get me by.

I have emailed the Consulate General of Canada to see what they say about my situation and will ring the US Consulate Hotline tomorrow and will let you know how I go just in case others in my situation down the road would like to know

 

[Dave Noble]

I have emailed the Consulate General of Canada to see what they say about my situation and will ring the US Consulate Hotline tomorrow and will let you know how I go just in case others in my situation down the road would like to know

I think that this is the wisest apprach; those best able to determine what the visa issues are for your trip are the consulates rather than relying on an online forum

I called the US Consulate hotline a few days ago and they were very good at answering my issue

Dave

 

[GoldCoastGuy]

Hey Evan

Thanks for that

I did consider Canada at the beginning but dismissed it as I could get a flight to LAX for $500/1000 cheaper than I could to Vancouver

You could always get a flight to NYC and then a train to Toronto.

Or just a separate local flight from LAX to YVR.


Evan :->

 

[AndyA]

You could always get a flight to NYC and then a train to Toronto.

Or just a separate local flight from LAX to YVR.


Evan :->

Won't that cause VISA problems still?

Considering that I will still be entering via USA, then staying in CAN and then returning through USA?