A business visa (B1), is a temporary visa for foreign nationals that permits only legitimate business activities. You either apply for this visa at a US Consulate/Embassy if you are outside the United States; or if you are already inside the US, you can request a change of status to the B classification and/or extend your current B classification with US Immigration (USCIS).
The legal burden of proof is on the applicant to show they meet the visa requirements.
Legitimate business activities under the B1 category does not permit you to “work” inside the States; however other types of B categories such as BILOH-1B/BILOH-3 (B-1 in Lieu of H-1 or H3) do permit certain “work “activities inside the States (you must still continue to be paid from the foreign company employing you). We strongly advise you to consult with Caro to understand whether you qualify and what work is permitted etc. as they are complex type visas to understand but they do afford greater flexibilities.
Business activities in the United States should be an extension of the applicant’s occupation in their home country, as the activities in the US must be incidental to work that will be principally performed outside the United States and is permitted. You cannot be paid or remunerated inside the US under B1, Business visa.
You must have evidence of nonimmigrant intent; this essentially means that you will return to your home country after your temporary stay inside the States. You must have adequate funds to cover expenses during your travel to the United States. You must also have a residency in your home country (outside the States).
You are not permitted to do the following activities under a business visa:
• You cannot receive payment or compensation for exchange for services
• No hands-on or day-to-day work is allowed
• You cannot direct employees
You can do the following normal business practice activities:
• Engaging in commercial transactions not involving gainful employment
• Negotiating contracts, litigation
• Consulting with business associates
• Litigate
• Participating in scientific, education, profession or business convention, conferences or seminars
• Undertake independent research
When the consulate approves your business visa, they will issue the visa into your passport. They will grant up to 10-years for the business visa. You will be permitted to enter the States for up to 6 months per visit. You should either consult with Caro or listen to one of our website audios to fully understand the business visa and what trips may trigger denials under this category and pick up tips for easier traveling to the States.
