- What is a Business Visa
The B-1 business visa is a nonimmigrant visa meant for those who would like to enter the U.S. for short-term business-related reasons without providing actual labor or receiving payment from a U.S. source.
Business visits typically last less than 90 days but technically can last up to one year, including an initial period of stay of six months and a six-month extension.
As a general rule, it is the activities to be performed, and not the duration of the trip or even the purposes of the trip, that indicate whether the B-1 is appropriate. 9FAM 41.31 N7.
- What is Considered Business Activities for B-1 Visa Purposes
Engaging in business contemplated for B-1 visa classification generally entails business activities other than the performance of skilled or unskilled labor. 9 FAM 41.31 n.7.a.
II. Current Policies, Rules and Regulations
- The foreign company/firm which the alien is representing must be regularly engaged in business;
- B-1 classification is not appropriate if it is realistic to believe that a U.S. worker might have been hired had the alien not been admitted to the United States;
- B-1 classification is not appropriate if the work product (either a tangible object or contracted services) will predominantly be created in the United States;
- The proprietary work product of the alien should belong to either the alien or the foreign firm, and not to the U.S. firm;
- The work on the product should not be controlled primarily by a U.S. entity;
- The alien’s salary or other remuneration should come from the foreign employer;
- The U.S. entity cannot be the primary beneficiary of the business visit;
III. Permissible Business Activities as defined in 9 FAM41.31 N7
- Attending or presenting at conferences, trade shows, or business events.
- Soliciting services or sales.
- Finalizing or negotiating contracts.
- Settling an estate.
- Interviewing or hiring staff.
- Making Investments.
- Speaking or lecturing.
- Some short-term training.
IV. Prohibited Activities
- Engaging in any form of skilled (professional) or unskilled labor.
- Activities involving programming, coding, installing, and implementing.
- Any activity or work for which a local worker/employee could be hired to perform the job.