Legal Question in Immigration Law in California

I am a South African Photographer interested in travelling to and taking photographs in the U.S and selling them to third parties based in the U.S. I have already found out that if I am on a business visa I can take the photos without restriction but I cannot earn any U.S sourced income. Is there a way that I can use a corporate entity to sell these photos( or any other way to get around this). I have no means of getting a work visa.Thanks


Asked on 12/01/09, 1:43 am

2 Answers from Attorneys

Alice Yardum-Hunter Alice M. Yardum-Hunter, a Law Corp.

At a minimum, you need a consultation to understand the parameters of the business visitor visa which might be a possibility. The business visitor visa is the brother of the pleasure visitor visa and doesn't require a U.S. employer, but, there are limitations as to what you can and cannot do as a business visitor and conceptually, is one of the more slippery areas of the law. What you do would need to be in furtherance of international commerce and activities are limited to certain types, but might be do-able.

Feel free to contact me at [email protected] or 818 609 1953 for further information.

The above is general information and doesn't establish an attorney client relationship. Do not take the above as case specific legal advice. It is not so intended.

Sincerely,

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Answered on 12/06/09, 2:05 am
Andrew Harrell W. Andrew Harrell, Attorney at Law

You may be eligible for an investor visa that would enable you to live and work in the United States as a business owner as well as produce and sell your product. I think the B-1 route is not appropriate. If you had a South African business entity that had an arm's length relationship to you, then you would merely be the source of the product (photographs) that, in turn, are actually marketed by the S. African business entity. In that case, your photography could be incidental to a B-2 travel for pleasure, or you could obtain the photographs and conduct marketing under the B-1. As you can see, this is complicated. However, the E visa route is likely your best bet on a permanent basis. We are business specialists and provide such services internationally at [email protected], 805 549-7745..

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Answered on 12/06/09, 4:02 pm


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