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Re:Ask HN: going to USA by joubert on Sunday December 06, 2009 @11:37AM (#979740)
Unless you have a work permit, the only way you could "work" would be if you come in on a B1/B2 visa for "business meetings".

But you couldn't get paid by a US office - it would have to be your Argentinian employer paying you and in their interest to have you here for business meetings (of course the US office could reimburse the foreign office for expenses, but now your salary) - that effectively means you will need to interact with a US office of the company you work for in Argentina (or an associated firm, e.g. in the case of the Big Four).

If you come for "business meetings" you should be ready to demonstrate such.

Re:Ask HN: going to USA by seshagiric on Sunday December 06, 2009 @11:40AM (#979745)
B1 visa = you cannot earn any money. Business men should show proof of finances to cover their expenses. Employees should show proof of employer paying allowance (not salary).

B2 visa = tourism or family visit.

The only way you could earn money legally is to get a H1 visa or come as a temporary work force (can't remember the visa name).

Re:Ask HN: going to USA by osu on Sunday December 06, 2009 @11:52AM (#979763)
how does this mesh with paying individuals (who do not hold us work permits) while they are situated outside of the united states? i'm think in particular of small outsourced software development projects.
Re:Ask HN: going to USA by joubert on Sunday December 06, 2009 @01:29PM (#979921)
Re:Ask HN: going to USA by osu on Sunday December 06, 2009 @02:15PM (#979985)
okay. but, under what rubric is it legal for a person without us work authorization, situated outside of the us, to be paid by a us person/organization for work done such as developing software?
Re:Ask HN: going to USA by joubert on Sunday December 06, 2009 @02:45PM (#980033)
If you don't have work permit, you cannot work WITHIN the US and get paid a wage/salary by a US person.

What you could do is:

- employed by foreign company

- visit US for MEETINGS with colleagues at a US firm - come up with an agenda (of course you can code during your month here)

- your work cannot be directly FOR a US firm

- the US firm cannot pay you a wage/salary

- the US firm can reimburse your foreign employer for travel/accommodation to/from/in the US, who in turn would presumably cover your expenses while here.

The operative word is "meeting" as opposed to sitting in a cubicle and cranking out code.

What I outlined above is a very common occurrence. Many companies have foreign staff (or staff from foreign associated companies / partners) come in for business meetings.

Re:Ask HN: going to USA by osu on Sunday December 06, 2009 @04:18PM (#980182)
your insights are really helpful. the situation i'm concerned about is quite convoluted (for me). no one without a work-permit has worked _within_ the us, but compensation for a software product was paid directly to the individual. this involved that individual signing a W8BEN. maybe it makes sense for me to contact a lawyer at this point. thanks again,

*edit: i don't know if anyone else is reading this thread, but references for a trustworthy lawyer who can discuss a specific situation via email would be welcome.