B-1 Visitor Visa For Business

A number of legitimate activities have been enumerated by the State Department for Business Visitors to be able to apply for a temporary US Visa and work in the USA.

• The activities of employees of a foreign employer seeking a visa to the USA to solicit sales, negotiate contracts, or take orders from established clients for work that will be performed outside the US.
• The activities of a purchasing agent for a foreign employer coming to the US to procure goods, components, or raw materials for use outside the US
• The activities of employees of a foreign company coming to the US with regard to service or sales contracts already undertaken by their company.
• The activities of an employee of a foreign based company or office of a US company coming to the US to engage in consultations with US business associates.
• The activities of foreign business people coming to the US in conjunction with litigation.
• The activities of foreign business people attending professional or business conferences or conventions, or executive seminars.
• The activities of business employees or independent business people coming to the US to undertake independent research, such as market or product research, not directly connected with sales or service contracts or the solicitation of business.
• The activities of foreign investors coming to the US to take steps to set up their investment.
• Foreign nationals coming to open or be employed in a US office subsidiary, or affiliate of the foreign employer, provided the foreign national will qualify for L-1 status once suitable premises have been obtained for the office.

While the list is informative, please keep in mind several basic rules governing the B-1 visa:

• The B-1 visa holder cannot engage in productive work in the US, including salaried work for an employer and services for hire on an independent basis.
• The B-1 business activity should be associated with international trade or commerce.
• The principal benefit of the activity accrues to the businessperson or corporate entity abroad.
• If the B-1 visa holder is to be paid from a salary from a U.S. source, there is very little chance that he or she qualifies for B-1 status. Whether leaving a professional on the foreign payroll of a company when he or she will be engaged in long-term, but still temporary, productive employment benefiting the US employer is a permissible use of the B-1 category remains unclear. The plain language of the State Department instructions seems to permit this use of the B-1. However, the use of the B-1 category is probably limited to circumstances in which the foreign national's activities in the United States can be shown to accrue to the benefit of the employer abroad and his or her presence in the United States furthers the international trade or commerce of the foreign employer.

Supporting documentation establishing nonimmigrant intent

Evidence of a residence abroad: Maintenance of a residence is an essential element of proof of nonimmigrant intent. The B-1 applicant must obtain at least one of the following documents:

• Copy of a deed showing ownership in property in home country
• Lease agreement bearing his or her name
• Other evidence establishing permanent residence in home country
• Evidence of foreign bank accounts
• Copy of each page of passport

Evidence of Family Relationships. Evidence of family in his or her home country demonstrates nonimmigrant intent.

• Marriage certificate (if married and if spouse will remain abroad)
• Birth certificate of any children remaining abroad
• List of family members currently residing in home country
• List of family members currently in the US

Evidence of current employment in home country. Such evidence would include:

• Letter from employer
• Paycheck stubs

Evidence of on-going activities in home country demonstrating a commitment to return, such as:

• Membership in community clubs
• Membership in religious organizations
• Continuing educational pursuits

Supporting documentation establishing legitimate business activity

Support letter- The visa packet should include a letter prepared by the sponsoring company or individual detailing the purpose of the B-1 applicant's trip to the United States.

Documents showing firm travel plans- The visa packet should include an itinerary and lodging arrangements