B-1 Visa

For Visitors for Business

B-1 visas are for individuals who are entering the U.S. to engage in short-term business activities, such as a brief business trip, attending a conference or seminars, negotiate contracts, and consult with business associates, perform independent research, engage in litigation, or take orders for work to be performed outside the U.S. B-1 visas can be issued to foreign corporate personnel coming to the United States to set up a subsidiary, board members, as well as to persons who are thinking about making an E-2 investment. Religious workers, professional athletes, musicians and domestic servants of non-immigrants can also qualify for B-1 visas. The business visitor may not receive a salary or payment other than payment of expenses incidental to his or her travel.

Sometimes, it can be difficult to distinguish between allowable business activities and illegal employment under the B-1. conducting business, which is permitted under the B-1 category, and engaging in employment which is not. Contact us for a consultation if you are uncertain if your planned business activities are permissible under the regulations.

Requirements

The B-1 visa is a Nonimmigrant Visa. The applicant must provide evidence of the purpose of the trip and of nonimmigrant intent. A household employee must provide an employment contract offering the Prevailing Wage and other benefits.

Procedure

The visitor visa application is filed at a US Embassy or Consulate in the applicant’s home country or country of residence. Most visa applicants must appear for a personal interview. During the interview the applicant will present the required documents and be asked questions about the purpose of the trip and ties to the home country.

Duration

Both B-1 and B-2 visitors are admitted for periods not to exceed six months and in some circumstances may extend their stay for up to one year. Most visitors are admitted for an initial 6-month period, but the Department of Homeland Security inspector at the port of entry has authority to inquire as to the purpose of the visit and to admit the visitor for a period of time the inspector determines sufficient for the activity. Extensions of time in B-1 status may be requested within the U.S. from USCIS.

For assistance with the preparation and filing, or extension of a B-1 or B-2 application, please contact us. We will review the purpose of your trip to determine whether the B visa category is appropriate for your visit, draft your visa application and assist you in preparing documentation to help establish eligibility for the visa. We can also assist companies in determining whether a B-1 visa can be used in lieu of an H-1B visa or other employment based visa in certain circumstances.