Permitted Activities for Business Visitors

Business visitors enter the U.S. under a B-1 visa for the purpose of participating in business activities of a commercial or professional nature.

There are three basic requirements to qualify for the visa.

First, the B-1 applicant must show proof of a foreign residence which he/she does not intend to abandon.

Some applicants may actually own property in the U.S. or may be a beneficiary of an immigrant petition. This will not disqualify them for the visa as long as they can prove that they have maintained a residence abroad which is their principal abode to which they intend to return after their temporary visit in the U.S.

The second requirement is that the visit should be for a temporary period only. The applicant can prove this by showing a specific purpose and realistic plans as well as the itinerary during the temporary visit. Adequate funds to support himself/herself for the duration of the stay must be shown. Proofs of strong ties to return to the home country should be presented and these may include an established business, career, family ties and other connections showing strong and persuasive reasons to return to the home country.

The third requirement is that the proposed temporary visit is solely for the purpose of engaging in permitted business activities. While they may engage in business, they are not allowed to stay for the purpose of being employed or hired.

The business activities include but are not limited to: engaging in commercial transactions; negotiating contracts; consulting with business associates; settling an estate; participating in short-term training; and participating in scientific, educational, professional or business conventions, conference or seminars.

The B-1 applicant will be subject to two stages of inquiry. The first happens at the U.S. embassy or consulate when he/she applies for the visa. The second occurs upon inspection for admission at a U.S. port of entry or pre-flight inspection station.

This means that even if the B-1 visa has been issued by the consulate, the beneficiary should anticipate that he/she may still be subject to inspection prior to admission for entry to the U.S. and should be able to prove satisfactorily that he/she meets the basic requirements for the business visa.

Certain business visitors may enter the U.S. with the intention to work temporarily. They include ministers of religion or members of religious denominations; board members of corporations attending board meetings; personal or domestic servants of U.S. citizens residing abroad and personal or domestic servants of certain nonimmigrant aliens.

Domestic servants need to obtain employment authorization before they can work.

The period for stay under a B-1 status may not be longer than one (1) year. Most of the time, the initial period granted under the B-1 is limited to the weeks or months deemed appropriate for the business activity indicated by the applicant. The B-1 visitor may apply for extension of stay by filing an I-539 provided that the request for extension is filed prior to the expiration of his/her B status and the applicant has maintained status by not engaging in unauthorized activities while in the U.S. which departs from the purpose of the stay such as engaging in an unauthorized employment.

A B-1 visitor may file to change his/her status to another non-immigrant status such as H-1B temporary worker or F-1 student provided that he/she has not violated his/her original B-1 status and files the change of status in a timely manner.