I'm presenting a paper in a USA conference (NAACL), does anyone know if I can apply for an ESTA? I'm not getting paid but just want to be 100% sure.
1 Answers
The rules for entry and permissible activities are governed by the VWP (Visa Waiver Program), not by ESTA, which is just an authorization to travel.
As long as you are a citizen of a VWP-participant country, you can apply for ESTA.
The permissible activities under the VWP are the same as for B-1/B-2 visas. The Department of State tells us (it's a bit old but still relevant):
Business Visitor Visa (B-1) - For business-specific purposes
The chart below is an overview of key groupings of temporary business related travel permitted on business visitor visas (Note: This is not comprehensive. For other travel permitted under a business visitor visa (B-1), reference 9 FAM 41.31.)
Purpose of Your Travel About Your Temporary Visit (...) (...) Conference, meeting, trade show, or business event attendee Will receive no salary or income from a U.S based company/entity. For scientific, educational, professional or business purposes. Exposition or trade show employees of foreign exhibitors at international fairs (excludes government representatives) Will receive no salary or income from a U.S. based company/entity. Will plan, assemble, dismantle, maintain, or be employed in connection with exhibits at international fairs or expositions. Lecturer or speaker No salary or income from a U.S. based company/entity, other than expenses incidental to the visit. If honorarium will be received, activities can last no longer than nine days at any single institution or organization; payment must be offered by an institution or organization described in INA 212(q); honorarium is for services conducted for the benefit of the institution or entity; and visa applicant will not have accepted such payment or expenses from more than five institutions or organizations over the last six months. (...) (...)
So yes, whether they consider you are "attending a conference" or a "speaker", it's a permissible activity as long as you are not paid (and even in some specific cases if you are).
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