In the last three years I have started working for a couple of U.S. companies, and during the process I learned a lot about the legal conditions and possibilities. Unfortunately, in the past five to ten years the U.S. government has decreased options for European developers to work in the U.S. Options for freelance work on U.S. ground are nearly non existent. The following will give you an overview.
Contract work in Europe, for U.S. companies
As a U.S. based company you can hire me for a contract job and I will execute the project here in Zurich. A couple of U.S. companies have done this before, and it worked out quite well. We used email, instant messengers, Skype (voice over IP) and phones to maintain a steady flow of information. The last project I worked on for a San Francisco based company ran smoothly by using phone and email as our main communication tools. I was paid with a check sent here by mail; no additional costs were involved for the contractor. Of course I can also fly out to places in the U.S. to personally discuss projects.
Contract work in the U.S.
I can also come to the U.S. and collaborate with a client at location. However, I can not execute any type of work on U.S. soil, as defined by the USCIS — the U.S. immigration authority, due to the B1 visa restrictions. It is possible to use my services as a consultant, for concept discussions, presentations, seminars, workshops and business meetings with teams or clients. What I can’t do with this option is being part of an active developer team, leading it, or helping to execute job tasks such as programming, design, any type of work that generates real output and is compensated in the U.S. Unfortunately for the industry, those USCIS definitions are based on an outdated work/job-model. The result is a rather blurry definition when it comes to the real life job conditions of today. The USCIS currently has no model for a non-immigrant visa that allows contractor work with people from other countries than the U.S.
Fixed employment in the U.S. or in Europe
You can also employ me by fixed terms. The USCIS is clear about the process for this option: A person being hired to work in the U.S. requires a visa and work permit. In my case, an O visa or H1-B visa would enable me to work in the U.S. for the duration of 3 to 6 years. After 5 years of staying in the U.S. I could apply for a Green Card. The H1-B visa is not particularly hard to get, but there is a time window to file the visa application, and it is advised to file the application a couple of months before the actual job would start, using services of a specialized law office.
Partnerships and longterm collaborations
I am open to long term projects. I endorse long term work, and that is not a money driven effort, it is for our both benefit. Exchange and flowing information can become an added value to our expertise. Feel free to contact me to discuss what you have in mind.
Resources
The official USCIS homepage
Description of the B1 and B2 visitor visas
A good overview of U.S. visas and work permits
Description of the H1-B visa definition
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