 STATE DEPARTMENT ISSUES GUIDANCE ON B-1 VISAS
The Department of State recently issued a memorandum dealing with the issuance of B-1 (business visitor) visas to people who enter the US and perform building and construction work, which generally is not allowed on a tourist visa. In some cases, however, such employment is permissible while on a tourist visa. The purpose of the memo is to clarify when such employment is allowed.
Under the Foreign Affairs Manual, which is used by State Department consular officers in issuing visas, business is defined to not include localized employment or labor for hire. It also provides that building and construction work is local employment. There is an exception, however, that states that if what is being done is supervision and training of others engaged in building and construction work is not local employment, assuming that the visa applicant is otherwise eligible for a B-1 visa. Also, people who are going to be performing after sales services may perform such work on a B-1 visa.
After reviewing these guidelines, the State Department memo states unequivocally that a B-1 visa may not be granted to someone performing building or construction work, except if the person will not be performing that work themselves, and will be acting as a supervisor or trainer. Furthermore, simply because the project that will be worked on is unique, for example a religious structure, or because the applicant has specialized skills is not the basis for issuing a B-1 visa.
In order to ensure uniformity among US consulates, the State Department instructs consular officers with questionable B-1 applications to request an advisory opinion.
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