Introduction
There are many questions about the kind of activities allowed under the B1 visa category. The objective of this blog entry is to help you from this confusion.
What is a B1 Visa?
The B1 nonimmigrant visa category is covered by 8 U.S.C.A. § 1101(a)(15)(B). The stay in the US in this visa category are brief, and involve activities primarily considered as conducting business on behalf of an overseas employer.
Trips under B1 visa are temporary and will be granted only for a period of entry necessary to conduct the business. This period is asked and determined at the port of entry where the I-94 card is issued. Most visits are usually for less than 3 months unless a good reason is given to allow stay of up to 6 months.
There is no derivative visa available for family members. If a business person travels with the family, each family member has to apply for a separate B type visa, typically a B2 unless they are also part of the business.
The primary questions the consular officer need to satisfy prior to granting the B1 visa are the following: 1) The applicant is entering the US for a short duration; 2) the alien intends to depart the US at the expiration of stay; 3) the applicant maintains a foreign resident which he has no intention of abandoning; 4) the applicant has adequate financial arrangements to support himself in the US; 5) the applicant will engage solely in legitimate activities.
What are these Business Activities
The general standard of business activities can be summed up as (a) holder cannot engage in productive activities AND cannot earn salary from sources within the US in any capacity, (b) business activity should be associated with international trade or commerce, (c) the principal benefit of the activities is for the business person or entity.
Concrete examples are : 1) Negotiating contracts and taking orders for work performed outside of the US ; 2) Purchasing goods, components, raw materials from the US for use abroad; 3) Sales and service contracts already existing between the foreign company and the US companies; Consultations with US Business Associates.
More information about these activities can be found in this U.S. State Department link:
Salient Points
- Cannot involve employment
- Given for only a short duration of 3 to 6 months
- No derivative visa is available for family members
- The applicant needs to prove the 5 points i.e. temporary stay, arrangements to depart the US, strong ties, financial arrangements, legitimate business activities
- Cannot receive compensation from US sources
- Benefit from activities are for principals OUTSIDE of the US
Contact Information
If you have any questions how to obtain an B type visa, business or pleasure, family visas, business formation or any other US immigration concerns, please contact for a free consultation: