How to Visit the U.S. with a Visitor (B-1) Visa to Conduct Business on Behalf of Overseas Employer (Part 1)

The B-1 visa allows a visitor to temporarily visit the United States for business. For the purposes of this article, I will call the business B-1 visa a “business visa.” This article provides general information and some easy-to-follow steps in obtaining the B-1 “Business Visa.” It is part one of a two-part series. 

While it may seem simple at first blush, obtaining a business visa under the B visa category poses traps for the unwary and involves providing a very particular kind of evidence in many cases. This is chiefly due to the fact that a business visa absolutely cannot involve employment in the United States, which seems contradictory to those who are not well-versed in immigration law and procedure. The lawyers at The Law Firm of Shihab & Associates have been successfully helping individuals obtain the B-1 business visa for almost two decades. Contact our firm today for a consultation.

There are five general requirements that the Department of State has specified for issuance of a B-1 business visa. In order to be classified under the B-1 guidelines, you must be entering the U.S. for a limited duration. Second, you must intend to depart the U.S. when your business activity is complete. Third, you have to maintain a foreign permanent residence while you are in the U.S. Fourth, you must have adequate financial arrangements to travel to, sojourn in, and depart from the U.S. This is typically shown by either a round trip ticket or proof of hotel accommodations. Finally, you must be engaged solely in legitimate activities relating to your business or pleasure.

The B nonimmigrant visa category covers alien visitors for business (B-1) and pleasure (B-2). The business visa provides an excellent way for an overseas company to send an employee to the United States for a legitimate business activity. It is often utilized in lieu of the H-3 Visa for a number of reasons, speed being a very good one. A key condition of the B visa category is that the alien cannot engage in gainful employment (labor for hire) in the U.S. A crucial factor is whether the alien will be paid a salary from a U.S. employer or otherwise engage in activity here that results in payment to the alien of fee for services. If so, the B-1 business visa will not be approvable.

Part 2 of this series provides the legal framework and detailed instructions on the B-1 “Business Visa.” 

Contact The Law Firm of Shihab & Associates should you have any questions or require assistance with your B-1 “Business Visa” process. We have successfully resolved complex issues in the visa process because we work hard for our clients. Contact one of our competent attorneys at (800) 625-3404.