B-1 Business Visitor Visa
B-1 Business Visitor Visas are for individuals from non-visa waiver countries who need to enter the U.S. for temporary business purposes, such as meetings, conferences, or training.
B-1 vs. Visa Waiver
If you are from a Visa Waiver Country, you do not need to apply for a B-1 visa, and you may apply for ESTA, and then enter the U.S. Find out here if your country is eligible for the Visa Waiver Program. If your country is not on the list, then you must apply for a B visa before you can enter the U.S. for business or pleasure.
Eligibility for a B-1
The presumption in law is that every visitor visa applicant is an intending immigrant (meaning intends to stay permanently). As such, applicants for B-1 visas must overcome this presumption by demonstrating that:
The purpose of their trip is to enter the U.S. for business;
That they plan to remain for a specific, limited period of time;
Evidence of funds to cover expenses for the trip including all travel, accommodation and living expenses during their stay in the U.S. In case of insufficient financial resources to fund the trip, to provide evidence that his or her employer will provide support;
Evidence of compelling social and economic ties abroad, that the foreign national has a residence outside the U.S. as well as other binding ties which will insure his or her return abroad at the end of the visit, and that the foreign national has a foreign residence that he or she has no intention of abandoning;
That the foreign national is not engaged in skilled or unskilled labor, study, or work as a representative of foreign press, radio, film, or other information media; and
The foreign national must not be coming to the U.S. to provide services or engage in business activities that are primarily for the benefit of a U.S. employer.
The B-1 temporary business visitor visa is available to visitors coming temporarily to the U.S. to engage in legitimate business activities of a commercial or professional nature. These visa holders may not receive salary, or compensation, etc. from any U.S. source except for reimbursement of incidental travel expenses only.
Permissible Business Visitor Activities
The list of permissible activities under the B-1 category includes engaging in commercial transactions not involving gainful employment, such as taking sales orders or making purchases of inventory or supplies for a foreign employer; negotiating contracts; consulting with business associates; engaging in litigation; or participating in scientific, educational, professional, or business conventions or conferences.
The most common specialized activities include persons coming:
To serve as a personal or domestic servant for a non-immigrant who is on a temporary assignment in the United States, for a U.S. citizen who is subject to international transfers and is in the U.S temporarily, or a U.S. citizen who visits temporarily to the United States but has a residence abroad;
To participate in an athletic event as a professional athlete who gets remuneration only in the form of any prize money won by the athlete;
To participate in a voluntary service program which benefits a U.S. local community, who establish that they are a member of, and have a commitment to, a particular recognized religious or nonprofit charitable organization;
To install, service, or repair, or train U.S. workers to install, service, or repair, equipment or machinery purchased outside of the United States;
For the purpose of business, which may include consulting with business associates, conducting negotiations, settling an estate, soliciting sales or investment, and interviewing and hiring staff;
To perform professional duties that would normally qualify the person for H-1 status except that the alien would not receive any remuneration from a U.S. source;
To explore the possibilities of setting up subsidiary of a foreign corporation, or to make investments;
To participate in short-term training, scientific, educational, professional, or business conventions, conferences or seminars or to conduct research;
To perform duties including attending board meetings as a member of the board of directors of a U.S. company.
Process for Filing Visa Application
Applicants should apply at the U.S. Embassy or Consulate where they permanently reside. Note: Criminal history, prior U.S. visa denials, fraud or willful misrepresentation, and inadmissibility issues may render a denial. When in doubt, consult with a licensed attorney before applying for a non-immigrant visa. If you experience any of these issues, you may still be able to apply for a non-immigrant B-1/B-2 visa by applying for a waiver.
As part of the visa application process, an interview at the embassy consular section is required for B-1/B-2 visa applicants. Persons below 13 and above 80 years generally do not require an interview, unless requested by embassy or consulate.
Supporting Documents
Each applicant for a B-1 visa must submit documents in support of their application. The following is a list of suggested documents that should be included with the visa application. The list is not all inclusive and specific details pertaining to your application should be discussed with a licensed attorney in detail. Additional documents may be necessary depending on the specific case.
The list includes but is not limited to the following items:
A nonimmigrant visa application, Form DS-160;
Visa fee receipt;
A letter accompanying the application from the applicant and preferably alien's employer specifying the business need for the trip and specific nature of the trip including an itinerary of dates where the business meetings will take place, locations, and what specific bona fide arrangements have been made to depart the United States;
A passport valid for travel to the United States and with a validity date of at least six months beyond the applicant's intended period of stay in the United States;
Two passport-style photographs
Information describing the company such as brochures, catalogs, annual reports;
A copy of your itinerary for your length of stay if applicable;
A copy of your flight reservation demonstrating your eventual return to your country of origin;
Documentation demonstrating ability and intention of the alien, or that of his or her employer, to support the alien's travel and other expenses while in the U.S. otherwise known as a ‘letter of financial sponsorship’ if applicable, otherwise the applicant must provide their own financial documentation demonstrating that they will be able to support themselves during their proposed stay (such as bank statements);
Documentation establishing your eventual return to your home country as proof of your bona fide obligations abroad tying you to your home country. Ties home include but are not limited to: plane reservations for flight back home, proof of residence abroad, proof of loans to which you have an obligation to abroad, insurances, academic enrollments, business operations or business ownership, ownership of assets abroad, evidence of familial obligations, etc.
U.S. Visas you have been issued in the past, if applicable.
Unless previously canceled, a visa is valid until its expiration date. Therefore, if the traveler has a valid U.S. visa in an expired passport, do not remove the visa page from the expired passport. It may be used along with a new valid passport for travel and admission to the United States.
Duration of B-1 Status
B-1 visitors may stay in the U.S. for a maximum of six months, but may be admitted for a shorter period. Always check your I-94 Record of Entry to see how long the admissions officer admitted you for. You must depart by this date or you will be overstaying your visa. The B-1 visa itself in the passport may be valid for up to 10 years. You may enter on this visa for periods of up to six months, during the 10 year period the visa is valid. Visitors intending to stay beyond the time indicated on their Form I-94 must file Form I-539, Application to Extend or Change their Nonimmigrant Status. The decision to grant or deny a request for extension of stay is made solely by the USCIS.