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I am a British citizen visiting the USA in early August for a two week vacation with friends. After the holiday I'm returning to my home in the UK for three weeks. After that I will return to the USA and will be working for my British employer under the Visa Waiver Program for a period of 80-85 days.

I have read already that there is technically no problems with this under ESTA rules, but should I limit this working period to a shorter time frame (e.g. 70 or so days) so that it does not negatively affect the decision made by the POE officer? Ideally I would love to be over in the states for the near-full 85 day period.

Any advice or previous experiences anyone can offer?

Some clarifications: As confirmed by the immigration attorney, as I am employed by my UK employer, it will be regarded as a business trip, the important part being that I will be working officially as a consultant for my UK employer just overseas for the allotted 85 or so days

JonathanReez
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Geo
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1 Answers1

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The US does not use the 90-in-180 day rule that is used in the Schengen area and by many other countries. Instead, once you have left North America (to include Canada, Mexico and various Caribbean islands) and/or returned to your home country, when you return to the US -- even if it is the next day! -- you can be admitted for another 90-day stay.

The catch is that on your subsequent entry you may be scrutinized more carefully. CBP is looking for people who are trying to game the system and covertly live in the United States. So you should carry all of the documents needed to show that this is a legitimate business trip, essentially the same as if you were applying for a visa. If your purpose is legitimate and the CBP officer is satisfied, you will be admitted.

Michael Hampton
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