B-1 BUSINESS BUSY EXPLAINED
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A B-1 Business visitor visa is generally available to individuals who can satisfactorily demonstrate to a U.S. Consular Officer that they:
1. Have absolutely no intention of abandoning their residence abroad and
2. Are visiting the USA temporarily strictly for business reasons.
The period of authorized stay upon entry to the USA can theoretically be for six months and can be extended for another six months (for a total of one year), but, in reality, most B-1 admissions are granted for just the period necessary to conduct business and are normally granted a period of authorized stay of month or two. (but even if they are granted less than six months at the port of entry, an application for extension can be made while in the USA) — This does not apply to persons who entered without a visa under the Visa Waiver Program. These visitors are admitted to 90 days in WB status and they cannot apply for extension —–
Business visitors are quite limited in the activities in which they are allowed to engage in the USA:
1. B-1 visa holders must not in any way engage in productive employment in the USA either for a U.S. employer or on an independent basis.
2. Any business activity conducted in the USA must be on behalf of a foreign employer and compensated by the foreign employer.
3. The business activity should also be related to international commerce or trade.
In issuing a B-1 visa, the U.S. consular Officer may consider several factors in making a decision to issue a B-1 visa, including whether or not:
1. A U.S. worker could be hired to perform the activity or work;
2. The work product is predominantly created in the USA;
3. A U.S.-based company mainly controls the work of such visitor.
If the answer to any of these questions is “yes” then the B-1 visa will most likely be denied.
Amongst the activities which will generally be considered as appropriate for the issuance of B-1 visa, include:
-A person who is an employee of a U.S. company’s foreign office or affiliate who is coming to the USA to consult with members of the U.S. company
-A person who is an employee of a foreign company who is coming to the USA to handle sales transactions and purchases and to negotiate and service contracts
– A person coming to the USA to conduct business or market research
– A person coming to the USA to interview for a professional position in order to gain experience to help in finding a position in one’s home country
– A person attending business conferences, seminars, or conventions
– An investor coming to set up an investment in the USA or to open a U.S. office
– A person who is the personal or domestic servant of a traveler who can show that he/she is not abandoning a residence abroad, has worked for the employer for a year and the employer is not residing in the USA permanently
– A Person who is an airline employee who is compensated from sources in the USA but an E visa is not available because no treaty exists between the USA and the airline’s country
– A person who is a professional athlete who is not compensated from sources in the USA and is coming to participate in a tournament
– A person who is a member of a board of directors of a U.S. company and is coming to a board meeting
– A person coming to the USA to handle preliminary activities in creating a business (opening bank accounts, leasing space, incorporating, etc.)
WHERE TO APPLY
An application for a B-1 visa should be made at the U.S. consulate nearest to the applicant’s home residence (generally in the applicant’s country of origin or permanent residence).
DOCUMENTATION
An application for a B-1 business visitor visa should generally be accompanied by a detailed letter of the applicant’s foreign employer, if an employee, explaining the reasons for the business trip, the itinerary for the trip and, that the foreign company is paying all of the expenses to be incurred during the trip. The application should also be accompanied by extensive supporting documentation showing the activities that will take place during the trip, travel documentation and information on the B-1 visitor’s employer. If a person is not an employee of a company, his/her own signed statement with similar details.
VISA APPLICATION FORMS
The B-1 applicant should present to the Consulate the above documentation and information together with Form OF-156 (and OF-157 for males over 15 years of age), passport, photos, the application fee and supporting documentation. Visa fees may also vary (the base fee is the same for nationals of all countries but there may be surcharges for nationals of certain countries).
NATIONALS OF CERTAIN COUNTRIES MAY NOT REQUIRE A VISA TO ENTER THE USA
Nationals of some countries are allowed to participate in the Visa Waiver Pilot Program (VWPP), which allows visits for up to 90 days without having to obtain a B-1 visa. Such persons will be admitted to the USA in “WB” status. The visa waiver pilot program (VWPP) countries are the following:
Andorra, Austria, Australia, Belgium, Brunei, Denmark, Finland, France, Germany, Iceland, Ireland, Italy, Japan, Liechtenstein, Luxembourg, Monaco, Netherlands, New Zealand, Norway, Portugal, San Marino, Singapore, Slovenia, Spain, Sweden, Switzerland and the United Kingdom.
All Canadian citizens are also exempt from securing a visa under a different set of laws and generally are admitted for a period of six months.