VISA SPOTLIGHT: B-1 BUSINESS VISITOR VISAS

The B-1 Business Visitor category is available to persons who can demonstrate that they 1) have no intention of abandoning their residence abroad and 2) they are visiting the US temporarily for business. Entry is, theoretically, granted for up to a year, but most B-1 admissions are approved for just the period necessary to conduct business and are normally no longer than 3 months.

Business visitors are quite limited in the activities in which they are permitted to engage. B-1 business visitors must not be engaging in productive employment in the US either for a US employer or on an independent basis. Work done in the US must be for a foreign employer and paid by the foreign employer. The work should also be related to international commerce or trade. The consulate will consider several factors when reviewing the case including whether a US worker could be hired to perform the work, whether the work product is predominantly created in the US, and whether the work is controlled mainly by a US company. If the answer to any of these questions is "yes" then the B visa is likely to be denied. The following are some activities normally considered appropriate for the B-1 visa:

• employees of a US company's foreign office coming to the US to consult with the US company
• an employee of a foreign company coming to the US to handle sales transactions and purchases and to negotiate and service contracts
• coming to the US to conduct business or market research
• coming to the US to interview for a professional position in order to gain experience to help in finding a position in one's home country
• attending business conferences, seminars, or conventions
• an investor coming to set up an investment in the US or to open a US office
• personal or domestic servants who can show they are not abandoning a residence abroad, have worked for the employer for a year and the employer is not residing in the US permanently
• airline employees who are paid in the US but an E visa is not available because no treaty exists between the US and the airline's country
• professional athletes who are not paid a salary in the US and are coming to participate in a tournament
• a member of a board of a US company coming to a board meeting

An application for a B-1 business visitor visa should normally be accompanied by a detailed company letter explaining the reasons for the trip, the itinerary for the trip and the fact that the company is paying all of the expenses to be incurred during the trip. The application should also be accompanied by extensive supporting documentation showing the activities which will take place during the trip, travel documentation and information on the B-1 visitor's employer.