Questions on ESTA and business purpose

I'm a citizen from a VWP (Visa Waiver Program) country, currently studying at university (in my home country) and working remotely as a contractor for a US company and I've been invited to the US by my company for a company retreat and some business meetings.

I have a valid ESTA (expiring in late 2017) issued for tourism purposes that I've used to enter the US 3 times (September 2015, August and December 2016) for trips between 7 and 14 days. On these three trips I visited a friend but also my company but at the border I've always stated it was for tourism since it was the main activity.

This time I'm going to visit for business (I may also visit my friend but it's not the main reason) and I'm not sure what I should tell the border agents to avoid problems.

I'm not going to do any paid work while in the US, it's mostly for team-bonding since we're a remote team + any meeting that may fit the schedule
The company is going to pay for expenses there (accommodation, food, etc.) for the entire team except for the flight ticket that I'll pay myself and get reimbursed later

I think this situation fits into what I'm allowed to do under the VWP (link) but I tend to be nervous while passing immigration and would prefer to avoid getting sent back.

What should I tell the border agent? Would a letter written from my boss help?

I'm mostly concerned about the fact that I'm quite young and the previous visits that I made.

Best Answer

What should I tell the border agent?

Only what the border agent asks you and answer truthfully. So there is no "story" to prepare yourself for.

The company is going to pay for expenses there (accommodation, food, ...

This does not count as engaging in any activity or performing a service that would constitute local employment for hire within the United States. From USCIS:

In some cases, however, you may receive reimbursement from a U.S. source for reasonable incidental expenses incurred while in the United States.

Note that is reimbursement and by the sound of it you will not be being reimbursed anyway.

These are some of the allowed activities under a B-1 visa (activities allowed under VWP activities are essentially the same as under B-1/B-2):

You may be eligible for a B-1 visa if you will be participating in business activities of a commercial or professional nature in the United States, including, but not limited to:

Consulting with business associates

Traveling for a scientific, educational, professional or business convention, or a conference on specific dates

Settling an estate

Negotiating a contract

Participating in short-term training

(Also from USCIS.)

Be sure to carry with you evidence of your residence and commitments outside the United States for presentation to the immigration officer.

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Can ESTA be used for business?

In the United States, working with an ESTA is allowed in the following situations: A business event is attended, like a fair or conference. An introductory meeting takes place, such as with (potential) business partners. Negotiations take place with an American client or supplier.

What questions do the ESTA ask?

What questions are asked on the ESTA Application?

First name and family name (plus any alias names)
Gender.
Date of Birth.
City of Birth.
Passport Number.
Country of Citizenship.
National Identification Number (if applicable in your country)
Passport issuance date, expiry date, and issuing country.

What reasons would an ESTA be denied?

The most common reasons for rejection of ESTA application In the past, overstayed when visited the US. In the past, worked without required VISA and pointed out from authorities when visited the US. In the past, rejected the entry to the US for some reasons. In the past, deported for some reasons after staying the US.

What information do you need for an ESTA?

What information is needed in order to complete the ESTA application? The traveler must provide, in English, biographical data including name, birth date and passport information.

ESTA for Business Purposes

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