UK citizen, UK company, Can I use an ESTA for a short period work in the US for me and my employees/sub-contractors?

Question

we work in Construction/Refurbishment/Bespoke Furniture supply. Uk company, Italian client willing to do some works (no longer than 2/3 weeks each, in different times) in their US stores. Do i have to apply for a working Visa or is the ESTA enough for me and all of my staff? Thank you

Answer 1

No, your purposes do not qualify for the Visa Waiver Program (VWP). The ESTA is simply the approval for the VWP. The VWP only allows you to enter for purposes that would otherwise be allowed under a B1/B2 visa (business/tourism), see https://travel.state.gov/content/travel/en/us-visas/tourism-visit/visa-waiver-program.html. Specifically for business, valid examples include:

• consult with business associates
• attend a scientific, educational, professional, or business convention or conference
• attend short-term training (you may not be paid by any source in the United States with the exception of expenses incidental to your stay)
• negotiate a contract

You may not actually perform work under the VWP, which is what you are looking to do.