Making a short film while on holiday in the US

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The Visa Waiver website is fairly generic on this topic:

The following are examples of activities not permitted on the VWP and require visas for travel to the United States:

  • study, for credit
  • employment
  • work as foreign press, radio, film, journalists, or other information media
  • permanent residence in the United States

My interpretation of that would be that you could not carry out your activities under the VWP. Your activities also don't seem to fall under the acceptable business activities listed.

You may need a Media Visa:

Representatives of the foreign media who will work in their profession as media or journalists while in the United States cannot travel on the Visa Waiver Program or on visitor (B) visas.

You will almost certainly need a local film permit from a state body, if that state requires such a permit to be held for commercial filming.

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