Obtaining a B-1 Business Visa in San Jose
Immigration Lawyers Striving for Your Success
A business visa is granted to individuals who are coming to the United
States on business. In order to qualify for a business visa, the applicant
must show that she has a foreign residence and has no intent to abandon
it, that the sole purpose of entering the U.S. is for temporary business purposes.
We can advise you in regard to the documentation etc. that you will be
required to submit at the U.S. Consulate overseas. We can also prepare
your Business Visa documentation for submission at the US Consulate overseas.
In addition, if you are already in the U.S., we can prepare and file for
your business visa extension with the USCIS or file for a change of status
if you are in the U.S. on some other visa.
to get direct assistance
our team of San Jose immigration
About B-1 Business Visas
"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.
Helping You Achieve Your Immigration Goals
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
To learn how our San Jose immigration attorneys can help, call (408) 560-4622 for a case evaluation.