US Blocks Entry For German Black Hat Presenter

bushwhacker2000 alerts us to the dilemma of Thomas Dullien, a prominent security researcher who has been a fixture at the annual Black Hat security conference. Dullien was denied entry into the US on his way to this year's conference. Dullien, a German reverse-engineering expert known in hacker circles as "Halvar Flake," said he was blocked from entering the US on the technicality that he had (years ago) signed a contract with Black Hat as an individual, not as his company. Customs agents said he would need an H1-B visa to perform the contracted two days of training at Black Hat, and put him on the next plane back to Germany.

Re:Sounds legit

[Anonymous Coward]

I've known artists going to conventions in the US, from Canada, who didn't fill out the proper paperwork, and were turned away at the border by US Customs. They had their artwork with them, and since they were going to sell it in the US, needed a different visa.

Not that uncommon.

Standard B1 visa should have been enough

[EmbeddedJanitor]

A B1 visa should have been enough since he had no intention of living in USA. I have frequently travelled to USA on a B1 for business purposes. For many nationalities B1 falls under the vis waiver program.

However, when you travel into USA there are certain words you should use carefully. "Work" is one of those. Don't say "I am coming to work in USA". Say "I am on business, attending a conference".

Re:Standard B1 visa should have been enough

[tomstdenis]

Bingo. As asinine as the G is, if he had actually lined up his ducks in a row, he'd probably be on his way to the con now.

I actually had an experience like that. I was touring to Broadcom to do a little side project for them. The idea was that the people who wanted the work done were in San Diego, but they would pay me through the Canadian branch of Broadcom. I'd go there to get the specs, then head home to do the work.

I told the customs dude [in Toronto no less] that I was "heading to the states for work." It was at 3am [6am flight] and I wasn't thinking right. The guy asked me about a visa and I said I didn't have one. Then he got all uppity about stealing jobs and all that. I told him that I was doing the work in Canada, but I had to meet the people first. I had to do a secondary check and had my fingerprints taken/etc. Was really unnerving. If I just told them I was heading there for a business meeting it would have been a simple process...

Anyways, I agree, whenever the subject of "work" comes up around US customs you have to make sure you have your wording correct. Otherwise they just assume you're a job thieving illegal alien and will get all uppity.

Tom

Re:Technicality?

[mudetroit]

I think this is dead on correct. I have been crossing the US-Canada border on a fairly regular basis recently. There are time when the basically ask me where I am from and wave me on my way and other times when I have felt like I was going through something akin to the Spanish Inquisition.

This in no way means that the times I was given a difficult time that they did anything wrong. It just speaks to the randomness of the immigration process going either direction; because, it has happened going both ways for me.

Re:Hurrah!

[HalvarFlake]

There is no conspiracy, just a misunderstanding between legal systems and an apparent unwillingness to resolve the issue. Generally, it is not a problem for a Canadian or a US Citizen to come to Europe to perform a service for a few days which he invoices from the US. In Germany, the rule is that he must not spend more than 6 months in Germany lest he falls under German employment law (and needs a work permit etc). It is not a problem as an American to enter Germany, conduct a trainings class (that is not offered by anyone else anywhere), and leave three days later. Also, as far as I am informed, had the agreement for payment been signed by my current full-time employer (a German company), the entire thing would have been no problem -- it is legitimate for a German company to send an employee abroad to conduct a trainings class. The agreement was signed by me though, several years ago. Under German tax law, there's a special status for certain specialized tasks (amongst others, specialized teachings) that allows one to act in some aspects like a 1-person-company. Think of this as a more restricted form of freelancing (e.g. you can't just decide to have said status if you're a programmer, you have to qualify for it due to the specializedness of whatever it is that you're doing). The issue now is that today's custom agent did not treat this any different from a regular Joe trying to get into the US for a full-time job. Which this isn't. It's more that someone 'specialized' is contracted in from abroad for two days to provide expertise not available locally. I hope this clarifies the situation a bit.

Who can enter under the VWP?

[westlake]

Under the Visa Waiver Program, an individual working in such a scenario is not considered "working in the US" until they hit 90 days. "The Visa Waiver Program (VWP) enables nationals of certain countries to travel to the United States for tourism or business for stays of 90 days or less without obtaining a visa

Q: Who Is Eligible to Use the VWP?
A: To qualify for the VWP, you must:

* Intend to enter the United States for 90 days or less;
* Have a passport lawfully issued to you by a VWP country that is valid for six months beyond your intended visit;
* Be a national of the VWP country that issued your passport;
* Have been checked using an automated electronic database containing information about inadmissible aliens to the United States;
* Have a return trip ticket to any foreign destination other than a territory bordering on the United States or an adjacent island unless:

1. You are a resident of an adjacent island,
2. This requirement is waived by the Attorney General under regulations, or
3. You are a visitor for business who arrives aboard a private aircraft that maintains a valid agreement guaranteeing to transport you out of the United States, if you are found to be inadmissible or deportable;

* Present to the U.S. Customs and Border Protection (CBP) officer a completed and signed Form I-94W, Nonimmigrant Visa Waiver Arrival/Departure Form. (Please see "How Do I Get an Arrival Departure Document?" for more information about arrival/departure records.);

* Not pose a safety threat to the United States;
* Not have failed to comply with the conditions of any previous admission under the Visa Waiver Program;
* If arriving by air or sea, you must arrive aboard a carrier that signed an agreement, "signatory carrier", guaranteeing to transport you out of the United States if you are found to be inadmissible or deportable;
* Convince the examining CBP officer that you are clearly and beyond a doubt entitled to be admitted and that you are not inadmissible under section 212 of the Act. For reasons that would make you inadmissible, please see the Immigration and Nationality Act at INA 212 (a);
* Waive any right to review or appeal a CBP officer's decision as to your admissibility, other than on the basis of an application for asylum or an application for withholding of removal under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; and
* Waive any right to challenge your removal, other than on the basis of an application for asylum or an application for withholding of removal under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Overview of the Visa Waiver Program (VWP) [cbp.gov]

Re:Hurrah!

[Anonymous Coward]

Tommy is a racist and much, much more. Check out his posting history on sci.crypt via Google Groups. He has a long history of antagonizing people and self-aggrandizement that dates back to his childhood, which wasn't that long ago. His mental age is about 17. No telling what stunted his growth, but I suspect it has to do with being confined to his parents basement for his formative years when he should have been going out and developing some social skills. And he harbors a deep resentment toward the substandard education he was forced to endure (in his mind).

Re:Why would an international conference be in the

[Hemogoblin]

Yes, I realize that exception exists. However, I don't think that applies in this case.

I'll give you an example of "training services": A large insurance company in Canada decides to implement service oriented architecture. They contract a consultant from the USA to come up to the company and give a few training sessions to the IT department. In this case, they would have to apply for a work permit.

I'm not really familiar with how Blackhat works, but assuming Blackhat is just a regular conference where members of the public attend on their own, then I don't see why a speaker would require a work permit to speak at the event (if it was held in Canada).