Hello, this is Matsui of IMS Legal Professional Corporation. While the debate continues about whether the Olympic and Paralympic games should go ahead, it seems like the games will happen without spectators. However, ever since the State of Emergency was lifted, the number of infections in Tokyo is increasing without doubt. Also, some athletes and participants were tested positive after entering Japan, which makes me full of anxiety.
Likely due to the Olympics/Paralympics and the increase of infections, making reservations for U.S. visa interviews is difficult once again. But even in this situation, recently we have received many inquiries concerning engineers. Many companies wish to send engineers to U.S.-based customers for a short amount of time in order to install and for maintenance of devices and machinery.
Of course, this would normally be allowed with a working visa such as a H, L, and E Visa. However, such visas require in principle that the applicant to be employed by a local U.S. company. In this case, because it is considered a short-term activity, those who meet certain conditions are allowed to enter the U.S. with a B-1 visa. Generally, B-1 visas are for those who want to enter the U.S. temporarily for business, such as attending conferences and negotiating contracts. Work activities are not permitted, but manufacturers are given exceptions, since machines and devices need regular maintenance.
Requirements for sending engineers
- The engineer is travelling to the U.S. to install, service, or repair commercial or industrial equipment or machinery sold by a company in Japan to a buyer in the U.S.
- It is specified in the purchase contract that the company provides such services.
- The engineer must possess specialized knowledge essential to perform the services, and receive no remuneration from a U.S. source.
- The company must not receive any payment for these services in addition to that specified in the original sales contract.
- Building and construction work do not apply.
The most important requirement above is #2: the purchase/sales contract must specify about sending engineers. If you lack this requirement, you must obtain a work visa. Even if all these apply, it is possible to travel to the U.S. with an ESTA. However, please note that since actual work is involved, there are cases when entry is denied from not being able to give a proper explanation at immigration. That is why we at IMS we strongly recommend getting a B-1 visa beforehand. Also, with a B-1 visa you can stay for 180 days maximum. Since an ESTA only allows for 90 days, we recommend a B-1 visa if the schedule is hard to predict. With an ESTA, you cannot extend the length of stay for any reason.
Due to the COVID disaster, B visa interview reservations have not resumed officially. If your reason of travel is considered urgent, you may possibly get an interview by requesting for an expedited appointment. This whole process is rather tricky, so please consult IMS.
For more information, please contact us below ↓
https://imsvisa.support/en/contact/
