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What is a Tourist for Business Visa?

If you need to come to the U.S. to conduct business, the B-1 business visitor's Visa is usually the initial step. It is generally quick and inexpensive to procure. This visa permits entry into the U.S. for a period of time necessary to conclude your business activity. In general the B nonimmigrant visa category covers visitor visitors for business (B-1) and pleasure (B-2). By far the vast majority of visitors who enter the United States each year do so as nonimmigrant visitors in the B visa category.

Generally, stays in the United States in this category are brief, and involve such activities as conducting business on behalf of an overseas employer. However, a B-1 visa can also be used for certain religious missionary. A B1 tourist cannot be involved in employment while in the U.S. and cannot undertake an academic study program (with a few limited exceptions, discussed later).

How long can you stay in the U.S. with a Tourist for Business Visa?

Unlike business visitors who enter with E or L visas, most business stays are short in the B category. It is however, in certain cases, possible to obtain a period of admission of up to one year on initial entry to this country. This exception to the six-month extension rule is made for certain missionaries. In addition, extensions of stay can be granted, but for no more than six months at a time. The total time in this category is limited to one year.

Important Note: In actual practice, the B-1 visitor is normally granted only a period of entry necessary to conduct his or her business. Most such visits are approved for less than three months. It is rare for a stay of more than six months to be granted.

Note that visitors admitted to the United States as part of the Visa Waiver Pilot Program (VWPP) or the Guam Visa Waiver Program have different rules applicable to them regarding duration of stay and extension of stay. The visa waiver program has been put into effect for visitors from many countries. Natives of these countries do not need a visa to enter the U.S.

What are the conditions you must abide by if granted a B1 Visa?

Even before a B-1 visa is approved, the consular official has to determine whether or not the activity contemplated by the visitor falls within those allowed under a B-1 category. All consular posts have been provided by The State Department detailed listing approved activities. If there are any questions or concerns, the consular officers must look to the State Department for guidance.

What are the Permissible Activities for a B-1 Tourist for Business?

No Gainful Employment

The most important condition of the B category is that the visitor cannot engage in gainful employment (labor for hire) in the U.S. Notwithstanding anything you may believe, the B-1 visitor, in most cases, cannot engage in productive employment while in the U.S. Productive employment includes both services for hire on an independent basis (these are known as freelancers or independent contractors) and salaried work for any employer.

Payment Requirements

The B-1 Visa Holder must be paid from sources outside the U.S. If the B-1 visitor is planning to be paid in the U.S. or be paid for the performance of a service or contract in the U.S. most likely the visa application will not be approved. However, the business visitor may be paid his/her "ordinary and necessary" business expenses.

The State Department's Five Broad Requirements

The visitor is entering the U.S. for a limited duration.

The visitor intends to depart the U.S. at the expiration of his or her stay.

While in the U.S., the visitor maintains a foreign residence which he or she has no intention of abandoning.

The visitor has adequate financial arrangements to travel to, and visit and depart from the U.S.

The visitor will engage solely in legitimate activities relating to business or pleasure.

The State Department List of Approved Activities

The following is a non-exhaustive list of some of the activities undertaken by foreign nationals who have been determined as being purposes:

Foreign nationals coming to the U.S. to engage in commercial transactions which do not involve gainful employment in the United States, to negotiate contracts, to consult with business associates, to litigate, to participate in scientific, educational, professional or business conventions or conferences or to undertake independent research (including market research and analysis);

A foreign national, other than a member of the entertainment profession, coming to the United States to perform services who would be classifiable as an H-1B, but who will receive no salary or other remuneration from a U.S. source other than an expense allowance or other reimbursement for expenses incidental to their stay;

A foreign national employed abroad coming to undertake training who would be classifiable as an H-3 nonimmigrant but who will continue to receive a salary from the foreign employer and will receive no salary or other remuneration from a U.S. source other than an expense allowance or other reimbursement for expenses incidental to his/her stay;

Ministers of religion who temporarily exchange pulpits with their American Clergy and who continue to receive payment from the foreign religious organization and receive no salary from the religious organization in the United States;

A foreign national who is a member of the board of directors of a U.S. corporation seeking to enter the United States to attend a meeting of the board or to perform other certain functions resulting from membership on the board.

A visitor seeking investment in the United States which would qualify the visitor for status as an E-2 investor. Such visitor is precluded from performing productive labor or from actively participating in the management of the business prior to being granted E-2 status.

A visitor coming to the United States to install, service, or repair commercial or industrial equipment or machinery purchased from a company outside the United States or to train U.S. workers to perform such services.

How does the visitor's intent affect the application process?

Of primary concern for the B visitors, is the importance of demonstrating to the consular official that they have bona fide nonimmigrant intent. This means that the visitor is truly a non-immigrant who intends on departing at the end of the authorized stay. The visitor cannot have immigrant intent. With an immigrant intent the visitor does not intend to depart the U.S. but is planning to remain in the U.S. permanently or at least for an extended period of time beyond the period granted.

How to establish Non-immigrant intent?

Establishing non-immigrant intent is a matter of compiling enough documentation so that the Consular officer feels comfortable that you intend to return to your country after your visit.

This is done by demonstrating to the consular official that:

You plan only a temporary trip to the U.S.

You maintain a residence outside of the U.S. that you have no intention of abandoning.

Special Conditions for Large Companies

The Well-Known Large Company: What it should do

When a business visitor is entering the U.S. on behalf of an established company that is likely to be known by U.S. consular officials, a letter from the company setting forth a legitimate business reason for the trip, specifying dates during which the business will be transacted, and including supporting documentation of the trip arrangements, will usually suffice to demonstrate bona fide nonimmigrant intent.

The company-supporting letter should contain the following statements:

A short background about the company, how long its been in existence, the products sold and perhaps something about its size.

The reason for the visitor business employee's trip to the U.S., setting forth a legitimate business activity.

The specifics of the trip, including the required period of stay, confirmation of travel arrangements and accommodations, an itinerary, and other documentation appropriate to the business activity being conducted.

A statement that the employee's travel expenses and means of support during the trip will be paid by the employer.

The Smaller and Less Well Known Company: What it should do

For small companies unknown to the U.S. consulate or for individuals who are self-employed it is more difficult to obtain a B1 visa. In these cases it is recommended that more detailed documentation should be presented in order to increase probability to obtain approval.

4 Important Questions that can help get your B-1 Application approved

Question 1. Have adequate financial arrangements been made to cover the expenses of planned trip in the U.S.?

Make sure you present a pre-paid round-trip ticket. Additionally it is a good idea to prepay expenses such as hotel accommodations, car rentals, within U.S. air or rail travel.

Question 2. Are your travel plans realistic? Do you have a definite plan for the visit or are the plans unclear and uncertain?

When you file your papers submit documentation clearly showing the travel plans. This includes a detailed itinerary, hotel reservations, listing of prospective meetings and other documentation demonstrating the reason for the trip.

Question 3. Are you requesting a time period that makes sense with your intended plans?

Use logic. If the visa applicant is seeking to attend a 5-day conference, a request should not be made to remain in the U.S. for six months. The period requested for the proposed trip should match with the statements made and the documentation for the travel plans being provided.

Question 4. Demonstrate that you have enough of a connection with your home country?

What we need here is to establish certain roots. Such as: having a steady, secure job, owning a profitable business or investments in real estate. These are some of the best evidence of a strong connection abroad that would assure the consulate that you intend to return to your home country.

Where do I apply?

A nonimmigrant visa application can be made at any visa-issuing U.S. consulate, not just a consulate in the visitor's home country. However, if you have ever overstayed your visa you will surely be limited to applying at the consulate in your home country.

You should generally apply at the consulate in your home country. It is State Department policy for a consulate not to deny a visa application when the applicant is not a national of the country where the consulate is located.

Extension of B-1 Visa

How do I tell how much time I am permitted to remain in the U.S.?

When you entered the United States a white card was attached to your passport by U.S. Immigration. This card is called an "I-94." An extension of stay can only be granted if the time on the I-94 has NOT expired. It also cannot be granted if the applicant has violated the terms of his visa category.

Who may file for an extension of the B-1 visa?

If you entered as a B-1 tourist for business, you may apply for an extension of stay. You may include your spouse and your unmarried children under age 21 as co-applicants in your application for the same extension of status if you are all in the same status now or they are all in derivative status.

What Forms are used for a B-1 tourist extension?

The application for Extension of Temporary Stay is filed on form I-539 and must be accompanied by a filing fee. The application is submitted to the district director in the district where the applicant is staying. Processing can take approximately 60 to 90 days.

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B-1/B-2 Visitor Visas