B-1 (Business) Visa

Temporary Visas > B-11 Visa

“Business” in the context of a Business Visa, B-1 visa, is defined as a legitimate commercial or professional activity and does not include local employment or labor for hire in the U.S. In order to apply for a B-1 visa, an applicant must show: that the applicant has no intent on becoming a permanent resident; that the principal place of business and actual increase of profits will be predominantly in the foreign country; that the various. U.S. entries on a B-1 visa will be of a temporary nature; further international commerce or business; that there is a foreign employer who directs the employment and the profits must go to that employer and accumulate abroad; that services of a B-1 visa holder must be incidental to international trade and commerce; that the salary for the B-1 visa holder is going to be paid abroad, although the salary may be paid through a U.S. institution or bank as long as the source is outside the U.S.; that the services/work being performed by the B-1 visa holder is not something a U.S. worker would have been hired for, are not part of the U.S. labor market, and are not benefiting the U.S. entity as local work.

The normal length of stay for a B-1 visa holder is initially three months with three-month extension at the discretion of the USCIS.

Visitors for business may apply for a B-1 visa if she falls under any of the following categories:

• B-1 visa may be issued in the place of an H-1 visa if the alien will work in the U.S., but will not receive any salary or compensation except expense allowance or other reimbursement incidental to the temporary stay.

• She is only engaging in commercial transactions and is not employed in the US, such as negotiating contracts, consulting with associates or clients, litigation, etc. The B-1 visa is not valid for a person who engages in gainful employment in the U.S.

• An H-3 visa holder who is receiving her salary abroad except expense allowance or other reimbursement incidental to the temporary stay.

• A B-1 visa may be issued in the place of a J-1 visa if the U.S. is funding the applicant’s travel, but the applicant does not fall into the J-1 category. An example of this would be an Embassy or Consulate non-US Citizen employee who is traveling to the U.S. on U.S. government funding, but are not authorized exchange visitor programs.

• She is in the United States to participate in business, scientific, religious, professional or educational conventions. Also, a person may receive an honorarium and expenses for the usual academic activity from an academic institution. However, this should not last longer than nine days at a single institution. The applicant must also have no more than five honorariums in a six-month period.

• An alien who is on the Board of Directors of a U.S. corporation and she is coming to the U.S. to attend a board meeting.

• A foreign corporate employee who is in the U.S. to set up a U.S. subsidiary, as well as those who are looking into an E-2 investment.

• A personal or domestic servant to a U.S. Citizen who is temporarily assigned to the U.S. or who permanently lives in a foreign country.

• A personal or domestic servant of an H, L, O, B, F, E, I, J, Q, P and R visa holder. The personal/domestic servant must be able to show that she is not abandoning her residence abroad, has worked for the employer for a year or has had an employer-employee relationship for at least a year and has prior experience of at least one (1) year as a personal/domestic servant. The personal/domestic servant must be paid the prevailing wage as a domestic servant. Legal permanent residents may not bring a personal/domestic servant because this demonstrates that the servant is going to reside in the U.S. permanently.

• A minister who is exchanging pulpits, but will be reimbursed by her own church abroad. An evangelical minister who is on tour and is supported by contributions from evangelical meetings may also apply for a B-1 visa.

• A religious worker who is in the U.S. temporarily in order to do missionary work. The missionary work, however, may not be involved in selling articles, solicitation or accepting donations. The religious worker must also receive no salary save and except expenses.

• Participating in a voluntary religious service program.

• An employee of an airline who would otherwise be eligible for an E visa, but the airline country and the U.S. do not have a treaty or the employee is not a national of a treaty country.

• A foreign medical student who is seeking “elective clerkship” without a salary.

• Attending an executive seminar

• Horse racetrack personnel who are accompanying a foreign based employer. The personnel do not need to be the same nationality as the foreign employer.

• Professional athletes who will receive no salary, but will only receive tournament money, such as golfers or race car drivers.

• Observing a professional or vocational activity that does not require hands on business activity.

• Participate in a voluntary services program; this could include any service work as a plumber.

• Installing equipment pursuant to a contract of sale. This does not include building or construction work. However, a person engaged in supervision or training of others in the construction or building work may enter on a B-1 visa.

• Commercial truck drivers engaged only in international hauling.