B-1 Business Visitors are permitted to enter the U.S. to carry out
legitimate business activities, but are not permitted to render employment
services.
The Immigration & Nationality Act merely establishes that a B-1 visa
pertains to a person who is entering the United States temporarily for
business. The law distinguishes "business" from "work and employment."
Guidance regarding what activities constitute B-1 qualifying "business
activities" may be found in the United States Department of State regulations
related to the issuance of business visitors' visas. The State Department
has provided a list of many scenarios as examples of activities are and which
are not permissible "business" activities.
Generally, a visitor's visa for business may be issued for those who are
coming to the United States to engage in commercial transactions which do not
involve employment such as taking orders for goods manufactured abroad,
negotiating contracts, consulting with business associates, participating in
scientific, educational, professional or business conventions, conferences or
seminars, or undertaking independent research.
The business activities pursued by the visitor must be seen as necessary
incidents to international trade or commerce. Generally, business activities do
not include the carrying out of the day-today activities which allow a business
to operate. As you might guess, the distinctions among permissible and
non-permissible business activities can be fairly narrow.
A person coming frequently to the U.S. or staying for extended periods may
experience problems in several contexts. The potential for problems arises most
often in cases where the applicant for entry is trying to enter the U.S. on
business trip soon after a prior visit or the applicant appears to coming to
perform labor for direct compensation by a U.S. company.