Generally, a citizen of a foreign country who wishes to enter the United States must first obtain a visa, either a nonimmigrant visa for temporary stay or an immigrant visa for permanent residence.
B-1 Visas are for business, including such things as a need to consult with business associates, negotiate a contract, buy goods or materials, settle an estate, appear in a court trial, and participate in business or professional conventions or conferences or, where an applicant will be traveling to the United States on behalf of a foreign employer for training or meetings. The individual may not receive payment (except for incidental expenses) from a United States source while on a B-1 visa.
While in the US as a business visitor, an individual may:
- Conduct Negotiations
- Solicit sales or investment
- Discuss planned investment or purchases.
- Make investments or purchases
- Attend Meetings, and participate in them fully.
- Interview and hire staff.
- Conduct research.
The following activities require a working visa, and may not be carried out by business visitors:
- Running a business.
- Gainful employment.
- Payment by an organization within the US.
- Participating as a professional in entertainment or sporting events.
Qualifying for a Visa
Applicants for visitor visas must show that they qualify under provisions of the Immigration and Nationality Act. The presumption in the law is that every visitor visa applicant is an intending immigrant. Therefore, applicants for visitor visas must overcome this presumption by demonstrating that:
- The purpose of their trip is to enter the U.S. for business, pleasure, or medical treatment;
- They plan to remain for a specific, limited period; and
- They have a residence outside the U.S. as well as other binding ties which will insure their return abroad at the end of the visit.
