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US flagged boat with salary paid from offshore account to offshore
Captain Kiwi
Posted: Monday, November 7, 2011 2:26 AM
Joined: 07/10/2009
Posts: 2

Ok - so here's an interesting one. I'm a Kiwi with a B1/B2 visa. I am considering a job on a US flagged boat but I will be getting paid from an offshore company account paid into my offshore account. In the short term we will be in US waters but then we are heading to the Pacific. My questions are: 1) Is this a dangerous situation to be in? 2) If the boat is outside of US water does this make the situation any better? 3) What if the boat was foreign flagged and I got paid from an offshore company account but the owners were still American? I really like these owners and want to work for them especially with the long term plans but just a little worried about the short term situation. Interested in your comments and ideas. Thanks
Rusty Wrench
Posted: Monday, November 7, 2011 3:18 AM
Joined: 21/09/2010
Posts: 207

[Comment removed by moderator for violating forum guidelines.] 


Posted: Monday, November 7, 2011 5:13 AM
Joined: 25/06/2009
Posts: 277

Captain Kiwi,


A similar question came up on a previous thread


Good Luck,




Posted: Tuesday, November 8, 2011 10:40 PM
very similar question, you shouldnt be running the yacht at all while in US waters and for that matter start paying taxes if you are going to be here, what kind of question is that ?? How can I get over on the US Government ?? You should have CBP come pay you a visit.
Posted: Tuesday, November 8, 2011 11:14 PM
Anonymous your comment is not logical,saying that the Captain should not be in charge of the vessel in US Waters, do you think a boat should change captains everytime it enters a different country and hire someone of that Nationality to ensure they are legal to work in that country,that would be the only way around this but is totally not practical. If your boat is foreign flagged you are legally allowed to be working on it in American waters,and paying tax is not necessary unless you are spending more than 6 months of that year in the country!
Posted: Tuesday, November 8, 2011 11:20 PM
Joined: 25/07/2008
Posts: 31

Neither the B1 or B2 visas allow you to be gainfully employed in the US. See the following: B1 and B2 visitor visas Business travelers may enter the United States using a B1, or 'Visitor for Business' Visa. In practice these visas are invariably issued as jointly with B2, or 'Visitor for Pleasure' (i.e. Tourist) visa. This practice means that, if a candidate has an old tourist visa, it may be valid for a planned business trip. For those who come under the visa-waiver scheme, details of which are provided below, there is usually no need to apply for a visit visa at all if the candidate wishes to visit the US for three months or less. While in the US as a business visitor, an individual may: •Conduct Negotiations •Solicit sales or investment •Discuss planned investment or purchases. •Make investments or purchases •Attend Meetings, and participate in them fully. •Interview and hire staff. •Conduct research. The following activities require a working visa, and may not be carried out by business visitors: •Running a business. •"Gainful employment". •Payment by an organization within the US. •Participating as a professional in entertainment or sporting events. Obviously there is a considerable 'gray area' in between what definitely is allowed and what definitely isn't. It is advisable to err on the side of caution when bringing overseas persons into the USA on business visitor visas. However, in certain strictly limited cases, paid employment may be possible using a 'H1B' Those entering on visitor visas will generally be granted 6 months admission (the maximum allowable is one year) on entry. It may be possible to obtain a six-month extension to the visit visa as long as the candidate will be maintaining visitor status, and there are good reasons to do so. It is sometimes possible to change status to another longer - term visa whilst in the US as a visitor, as long as the candidate advised the relevant US Embassy or Consulate of this possibility beforehand, or there was no pre-conceived intent to do so. NB: Visit visas should generally be applied for in a country of which the candidate is a Citizen or permanent resident. Applications made in other countries often run a high risk of being turned down. The most common reason for refusal of B1/B2 visas is the applicant showing insufficient evidence of social, family or economic ties to his/her country of residence that would ensure that s/he would return there following the visit to the USA.
Capt Edward P
Posted: Tuesday, November 8, 2011 11:29 PM
Joined: 06/01/2011
Posts: 81

On this one I am staying out as I do not know enough....sorry. Yours 'aye Cap'n Ed
Posted: Wednesday, November 9, 2011 10:24 AM
Joined: 11/10/2010
Posts: 4

That's called staying under the radar. Works well.

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