US trip and speaking at a conference on ESTA

[lemonsoled]

I have a valid ESTA for the US from a previous trip (holiday). I've been invited to be a speaker at an event (work-related) for which I'm being paid. I was intending to go on a holiday anyway, to a different part, but since this came up I thought I'll bundle it together and do them both. The speaking is only on one day, the rest of the trip is holiday. Can I still go on my ESTA?

XH used to do work trips to the US a lot (worked for a large US multinational in the UK) and always went on an ESTA. So am I OK with an ESTA? Does this mean I shouldn't mention the speaking event? Also, why are US airport officials so rude and aggressive, I'm scared of them!

Are you being paid to speak at the event or is it covered by your normal salary from your employer? I think the latter would be OK but not sure I'd risk the former.

There are have been two recent stories about tourists to USA on ESTA waiver scheme being detained because they were due to 'work' for payment in kind, not salary. And by detained, I mean spending several weeks in detention facilities, not just turned back at the border.

I'll find the articles.

Looks like the German tourist has made it home, having spent 6 weeks in detention.

https://www.theguardian.com/world/2025/mar/11/german-tourists-ordeal-reportedly-ending-returned-from-us-detention

This is about the British tourist, from 3 days ago. No further updates online so I guess she's still in detention and hasn't been deported yet.

https://www.bbc.co.uk/news/articles/c80y3yx1jdyo

Bear in mind that neither were actually due to be paid for the 'work'. So if you are due a payment from the event organisers, that will definitely be paid work, plus if your name has been published on the event agenda it could be findable if anyone did an online search of your name. I don't know the likelihood of US immigration staff Googling your name but it would be pretty foolish to claim you were visiting on holiday if it were so blatantly provable that you were speaking at an event.

I’ve spoken at many conferences all over the world and I’ve never entered on anything other than a normal tourist visa, so ESTA should be fine. You aren’t working in the US. You are literally just attending a conference. I wouldn’t make a song and dance about the specific arrangements, just say you are attending a conference.

Thank you so much, @zzplec and @mindutopia for replies. My speaker name isn't the same as my legal name so that's not so much an issue. Gosh seems like either way might be OK, although those news reports are very scary! I have some time to think about it though, so meanwhile any further replies/experiences will be appreciated.

I’d just ring the US Embassy and ask them. No point mucking about with this kind of thing.

Actually according to this it might be fine

https://travel.state.gov/content/travel/en/us-visas/tourism-visit/visa-waiver-program.html#overview

The Visa Waiver Program (VWP) enables most citizens or nationals of participating countries* to travel to the United States for tourism or business for stays of 90 days or less without obtaining a visa. Travelers must have a valid Electronic System for Travel Authorization (ESTA) approval prior to travel and meet all requirements explained below. If you prefer to have a visa in your passport, you may still apply for a visitor (B) visa.

But I will give them a call to double check

But I don't think it clearly defines what is allowed under "tourism or business", according to one of the earlier Guardian articles who quoted a US immigration lawyer. The recent tourist detentions, they (the tourists) thought they weren't doing paid work because they were receiving benefits in kind in return, not money.

In the case of the German woman, she intended to do some tattoo work on an American friend in return for that friend making her some clothes. The British woman was supposed to be house/pet sitting in return for free accommodation. There was similar incident with an Australian woman a few years ago, house-sitting as free accommodation, and the immigration authorities barred her too.

So I think attending a business event/conference while employed by your UK employer would be OK, but if you're attending as a speaker and will receive a fee from the event organiser, then it's worth checking with the US authorities.

No, you won't be able to do that on an Esta.
Paid work is not allowed on an Esta. If caught, you'd lose your Esta, risk a temporary ban and would likely struggle to even have a B1/B2 visa approved.

If it was just a conference you were attending through work and organised by your employer, that's fine.

Going and being paid personally is a big no no.

And it's not worth lying to CBP either because that will count as misrepresentation from the original Esta application.

"Business" as in going to meetings and conferences is fine. So I'd think you are fine speakingat an event.
"Working" triggers alarms and isn't fine. Immigration see working as a us based job, which you don't have a visa for. I'd dealt with a fair few young idiots who volunteer to "work" at trade shows and tell that to Homeland Security and get very upset when it all goes very wrong.

It isn't just working for a US company.

It is any kind of work, so even remote working for your UK/outside of US company is a violation of the Esta.

Speaking at a conference is allowed with a B-1 visa. You do not need a work visa even if it is a paid speaking engagement so long as the conference lasts no longer than 9 days.
uk.usembassy.gov/visas/business-visa/

Assuming you are British then you can enter the USA without this visa under the visa waver program. So you just need an ESTA.

No, no, no. Not under an Esta.

Read all the site and follow, as confusing as it is, the links.

A B1 visa is different to an Esta. And it depends on specifics. Any kind of payment and a B1 visa is not suitable.

Taken directly from the site regarding a conference:

If you are a participant in a scientific, educational, professional, or business conventions, conference or seminar, you may qualify for a B-1 visa. The B-1 visa is also appropriate if presenting a paper at the conference, provided there is no remuneration from a U.S. source other than expenses incidental to the visit. If you will receive an honorarium in addition to incidental expenses you will only be eligible for the B-1 visa if all of the following are met:
• the activities will last no longer than nine days at a single institution;
• the institution is a nonprofit research organization or a governmental research organization, or an institution of higher education, or a related or affiliated nonprofit entity;
• such activities are conducted for the benefit of the institution
or entity; and
• you have not accepted such payment or expenses from five such institutions during the previous six month period.If the proposed activities are not exactly as described, an exchange visitor (J-1) or temporary work (H-1) visa will be required.Note: Applicants seeking visas to attend a technical conference may be subject to additional administrative processing. We are unable to provide you with any guidance on how long your application will take to process, but we recommend that you do not make any final travel plans unless you have received your passport with a visa in it.

So again, anything involving payment from the conference organiser, an Esta or B1 visa will not be suitable. You'd need a temporary H-1 visa.

Regarding the Esta/VWP:

The VWP cannot be used if your purpose of travel is to study for credit, employment, work as foreign press, radio, film, journalists, or other information media, or take up permanent residence.

Whoops, come back to see a whole disagreement here. I will call the embassy on Monday and find out, I will post here as to what they say. Luckily I have a couple of months yet.

Definitely don’t take any risks and err on the side of the strictest possible interpretation. And have great travel
insurance!

Here is a link to boundless that explains the B1/2 process well

https://www.boundless.com/immigration-resources/b-1-b-2-visitor-visa-explained/

But anything involving being paid would involve potentially a H1B or H2B visa that is another kettle of fish.

Either of these will lead to a lovely online form to complete on the NVC Ceac which is full of lags and glitches.
Ours decided to lock on one of the bits needed to complete and took about 3 days and an inquiry form to get working.

I’m an academic and have travelled to the USA to speak at conferences and universities many times. Always on an esta visa waiver. If immigration ask, I say I’m going to a conference and they are fine with that.

but the new US regime is crazy so who knows.

Article from a Canadian woman who was detained for two weeks, giving a detailed description of the detention experience.

Also some examples of women who had overstayed a previous US visa, returned to their home countries but later returned to the US on a new visa. And were picked up by Ice for the violation of their previous visa. Which begs the question: why were they granted a second visa if there was a record of them violating a previous visa? Is the system draconian because they want to make examples of people to deter others? Or is partly because detention facilities are privately owned and someone is making money from it?

Lesson of the story: don't mess with US immigration rules. And don't think that because you're from a US-friendly, English-speaking country the authorities will let you quickly jump on a plane back to your home country.

www.theguardian.com/us-news/2025/mar/19/canadian-detained-us-immigration-jasmine-mooney

It isn't the land of the free anymore.

The Guardian is big at the moment on omitting key facts that actually provide more reasoning... I'm guessing they have an agenda to push.

This girl is the one who had previously entered the US on a TN visa. Upon attempting to get a fresh TN visa this time round, she was rejected at the US/Can border due to not meeting the eligibility requirements for the TN Visa. Her work this time was different and not covered by that particular visa.
Instead of taking the loss, she hopped down to Mexico and tried to "beat the system" by applying for it at the southern port of entry.

Other notable cases where Guardian articles and other outlets have tried to have them play victim:
. UK citizen detained for unauthorised illegal work on an Esta. She was denied entry to Canada as Canada was worried she would work. She was subsequently detained by the US after Canada acted as the whistle-blower (amazing that the media try to gloss over this).
. German tourist detained at the Mexico border on grounds of unauthorised illegal work on an Esta. Was carrying professional tattoo equipment and had evidence on her phone of intention to work and get paid for services.
. German Green Card Holder detained on re-entry. Previous DUI charge and also had a drugs charge (Cannabis. Although legal in some states, it is illegal federally and Lprs must follow federal laws) and had skipped/missed court for that charge.
. The doctor sent back to the middle-east. Originally on a J visa and had been granted a H1B visa. Was detained on returning from Lebanon where she stupidly attended the funeral of terrorist Hezbollah leader Nasrullah, admitted to supporting his sermons/speeches and had deleted evidence of photos (in deleted photos folder and hadn't cleared that folder). Additionally they were then investigating whether she had mis-represented the residency requirements for her H1B visa.
. Female lpr deported to Laos. Spent 2 years incarcerated for drugs charges and was involved in criminal/gang activity for human trafficking and drug trafficking to include Cannibis, meth and heroin.

Never misrepresent what you are planning to do or have done as a US tourist and as Lpr's just don't break federal laws.
All of the above clearly violated terms of INA that any administration would have found them deportable.

https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1227&num=0&edition=prelim

I would not travel to the US on an ESTA to anything that could remotely resemble paid work.

Any country's immigration is a real case of FAFO, and you have to think, will my current employer be sympathetic if it all goes to tits? Better safe than sorry.

I would absolutely not mess with US immigration in any way at present. Anyone reporting their experiences last year or even last month isn’t a reliable barometer for right now.

A French academic just got turned back at the border on the basis of private anti-Trump messages in his own phone, soooo...

That won't be the sole issue. The academic or the media are likely omitting the main facts again.

For CBP to have any reason to look on your phone then you need to be giving off enough red flags for them to pull you into secondary.
Once in secondary, they can ask for permission to look on the phone.

It's happened many times before under previous administrations. A UK citizen had his Esta revoked and was sent home in Dec (prior to Trump) after being pulled into secondary as it was flagged he was on a lengthy trip again to the US not that long after a previous trip (unwritten guidelines suggest spend twice as much time out of the US before returning). Upon searching his phone, saw photos of him smoking weed (legal for the state, illegal federal) on his previous trip. This essentially made him inadmissible.

hiya, did you contact the embassy? what was the outcome? What sort of visa is the right one to get if you're being paid as a speaker?