Lawyers.com > Understand Your Legal Issue > Immigration > Business Visas: The B-1 Visa

The B-1 is one of the most common nonimmigrant visas. It's for "business visitors." It's only for people who intend to stay for a short time and then return home. The maximum stay is a year, with a possible six-month extension under 8 C.F.R. §214.2(b)(1).

You may have an unpleasant surprise if you ever try to use a B visa to stay longer, or for a purpose not considered a "business visit." When you arrive, the Customs and Border Protection inspector may send you home right away, or there may be problems in the future when you try to come to or stay in the United States.

The Immigration and Nationality Act (INA § 101(a)(15)(B), 8 U.S.C. § 1101(a)(15)(B)) says that a "visitor" doesn't include someone coming to study in the US, for performing skilled or unskilled labor, or as a representative of foreign media.

The usual explanation is that a B-1 visitor may have meetings, conferences, seminars, negotiations, or other commercial or professional business. This doesn't include "local employment" or "gainful employment" in the US.

This definition can be very confusing in practice, even to immigration lawyers. The immigration agencies have explained what is allowed and what isn't. The explanations aren't very clear.

Activities of Business Visitors (B-1 Visas)

Here are some examples of activities allowed and not allowed by business visitors. They have been allowed in to:

• Conduct commercial transactions such as taking orders for goods made abroad, as long as there is no "gainful employment" in the United States
• Negotiate contracts
• Consult with business associates
• Take part in lawsuits or settle estates
• Participate in conventions, conferences or seminars
• Do independent research

Business visitors may not be:

• Coming for local employment
• Coming mainly to study (for which other visas are available), although a short course as a side activity may be fine
• Coming as an international media person (who uses an "I" visa)
• Coming to perform meaningful work or employment in the United States

Mexican and Canadian B-1 visitors can do certain tasks relating to businesses in Mexico or Canada as allowed by the North American Free Trade Agreement (NAFTA).

NAFTA allows Canadians and Mexicans to do the following sorts of work that involves a business in Canada or Mexico (8 C.F.R. § 214.2(b)(4)(i)):

• Research and design
• Growth, manufacturing, and production
• Sales, marketing, and distribution
• General and after-sales service

Other Allowed Uses of B-1 Visas

Others allowed to use B-1 visas include a wide range of people seeking to come to the US temporarily. The range includes religious ministers and missionaries, board members attending board meetings of US corporations, some professional athletes and entertainers for competitions, some photographers and musicians for activities like taking photos or recording music, foreign airline employees, workers installing, servicing or repairing equipment bought abroad, academics accepting awards, and some temporary workers or trainees.

Obviously, the line between what is and isn't allowed is not very clear. The best course is to consult an immigration lawyer. Be thoroughly honest about what you want to do. That way, you can get the right visa and be on much safer ground when you are questioned on arrival in the US.

B-2 Visas and the Visa Waiver Program

A B-1 visitor's spouse and children usually will come in as B-2 visitors, what are known as visitors for pleasure - that is, tourists. Also, people from many countries who will be staying for no more than 90 days are eligible to come in through the "Visa Waiver Program".

Getting a B-1 Visa

Apply for a B-1 visa at a US consular post. Forms are available at the office or on its Web site. Procedures can vary, based on your location, but the government is switching to online filing. You'll probably need to make an interview appointment before you get the visa. While you can apply for a visa at any consular post that issues them, consulates other than the one in your home location will likely discourage your application. If you've had immigration problems, apply at the location nearest your home.

To support your visa application you'll need several things. First, you'll need a passport that's valid for six months after your planned visit ends and a photograph meeting US State Department standards. You'll probably have to show that you have a foreign residence that you intend to keep, that your visit is for a proper B-1 purpose, and that you can financially support yourself during your visit - you shouldn't be earning money while in the US.

Extensions

Extensions are available, but are typically limited to six months. There are some one-year exceptions available for missionaries. File Form I-539 at the US Citizenship and Immigration Services service center in the area where you are living. Include with the form a letter explaining why you need the extension, your arrangements for leaving, and the effect of an extended stay on your job and residence. Barring extraordinary circumstances, file for an extension before your visa expires.

Questions for Your Attorney

• If I can come to the US on the Visa Waiver Program, should I? What are the advantages and disadvantages?
• Are there other visas that are more suitable for what I want to do?
• What's the worst thing that will happen if I'm using the wrong visa?

Related Resources on Lawyers.com^sm

- Visa Waiver Program Compared to B Visa
- K Visas for Spouses of Citizens
- State Immigration Offices and Procedures
- Find an Immigration Law lawyer in your area
- Visit the Immigration - US Issues message board for more help

Web Resources

- US Citizenship and Immigration Service