B1 visa is required if positioning in to, or out of the US, as passenger on a regular carrier to pick up duty in the US on your aircraft, or departing the US after having operated in as crew on your D visa. This has been confirmed to me by US authorities both in ORD and EWR.
The VWP is for "travel to the United States for tourism or business for stays of 90 days or less" however the VWP website also states that as far as "business" its only for:
"- consult with business associates
- attend a scientific, educational, professional, or business convention or conference
- attend short-term training (you may not be paid by any source in the United States with the exception of expenses incidental to your stay)
- negotiate a contract"
....none of which remotely describes what we are doing and supports the information given to me.
Having said that, the D visa is for crew on a "commercial airplane". The US gov website also states "If you travel to the United States to join the vessel you will work on, in addition to a crewmember (D) visa, you also need a transit (C-1) visa or a combination C-1/D visa." Again, I presume C1/D is good for all commercial ops travel requirements but B1 is required for private ops. It doesn't specifically say this on the US gov website but it does state that if "You are a crew member on a private yacht" you will require a B1 visa. Private yacht, private aircraft, same same I would say.
It's never really that clear is it? ;-)
CP