I have recently taken a job with an American based company and will need to complete a few weeks training in Miami. Based on the information they have given me I need a B1 visa and maybe an ESTA since I'm in the UK, and a C-1/D for moving through the US.
However they keep flip flopping between me needing a B1 and me just using my ESTA for the training, and their communication hasn't been the most straight forward. Which visa do I need to get to enter the US for the training?
Whether you present a B-1 visa or ESTA for admission, you will be seeking admission as a business visitor. Under these circumstances, my advice is almost always not to risk a denial of a B-1 visa application (which happens all the time) and to travel on ESTA. The only relative downside is that ESTA limits admission to 90 days. But of course run this all by the company's immigration counsel.
Not a lawyer. The VWP (ESTA) for business specifically says:
> 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)
"source in the US" might be problematic if you're paid by the US company directly and not a UK arm. You'd have to take those days as unpaid, except for a per diem? If you're paid in pounds by a UK source, ought to be fine.
I would confidently say you do not need a C visa. That's for immediate transit (like you have to change airports or something, and you would use an ESTA anyway). A D visa is for people like airline crew who have to stay and have to work whilst there (like getting an aircraft ready for international departure from a US airport). If you needed that, your company ought to know.
However they keep flip flopping between me needing a B1 and me just using my ESTA for the training, and their communication hasn't been the most straight forward. Which visa do I need to get to enter the US for the training?