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Nonimmigrant Emplyment Visas
B-1 VISITORS FOR BUSINESS

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.

     
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