B-1 Visa is a temporary (non-immigrant) type of visa. A B-1 visa is issued to a foreign citizen seeking to enter the United States of America for business purposes, while a B-2 visa is interested to a foreigner seeking to enter for tourism purposes. In practice, the two visa categories are usually combined together and issued as a "B1/B2" visa valid for a temporary visitor for either business or pleasure or a combination of the two.
Under section 214(b) of the Immigration and Nationality Act, an foreign must prove to the satisfaction of the Consular officer his or her intent to return to his home country after visiting the United States. The act specifically states: "Every alien (other than a nonimmigrant described in subparagraph (l) or (v) of section 101(a)(15), and other than a nonimmigrant described in any provision of section 101(a)(15)(H)(i) except subclause (b1) of such section) shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for a visa, and the immigration officers, at the time of application for admission, that he is entitled to a nonimmigrant status under section 101(a)(15)."
In practice, this means that Consular officers have wide discretion to deny a visa application. Once refused, there is no judicial or other means to review a visa decision. The foreigner, however, is free to apply for a visa again, particularly if circumstances have changed that might show to the Consular officer that the applicant overcomes the presumption of being an intending immigrant.
Business or pleasure covers a wide variety of possible reasons to visit the United States. Under the category of temporary visitor for business, it can be used to:
Negotiate and sign contracts
Purchase supplies or materials
Hold business meetings or attend/exhibit at a convention
Settle an estate
This type of visa is most suitable for:
Participants to attend scientific, educational, professional, business, or religious conventions
Persons to work on specific projects in the U.S. and paid by a foreign employer
Business professionals to participate in commercial transactions (which do not involve gainful employment) such as negotiating contracts and consulting with business associates
Persons to undertake independent studies such as feasibility studies, market research or any such activity
Persons to attend professional or business conferences, workshops, or seminars
Business professionals to explore possibilities to set up a subsidiary of a foreign corporation, or to make investments
Personal or domestic servants to come to the U.S. with a U.S. citizen or nonimmigrant employer on B, E, F, H, I, J, L, M, O, P, R, or TN status
Technical personnel to install or service equipment pursuant to a contract of sale, or to provide after sales service
Business professionals to attend meetings as a member of the Board of Directors of a U.S. corporation
Persons to observe business, professional, or vocational activity as long as it does not involve any hands-on activity
Professional athletes to compete for tournament money and not for a salary
Professionals to conduct business consultations with business associates in the U.S.
Purchasing agents of a foreign employer to come to the U.S. to procure goods, components, or raw materials for use outside the U.S.
Foreign business persons coming to the U.S. in conjunction with Litigation
Persons rendering professional services in the U.S. that would otherwise qualify them for an H-1B visa, but who are paid for those services by a source outside the U.S.
Persons employed outside the U.S. who are paid from abroad, and who come to the U.S. to undertake an established training program that would qualify them for an H-3 visa
Employees of foreign airlines who are engaged in productive employment in the U.S. and paid in the U.S. who are not eligible for E-1 treaty trader status
Other persons such as for bona fide religious missionaries and crew members on yachts
Special situations involving Canadians and Mexicans such as Canadian truck drivers who are paid by either Canadian or U.S. firms and who transport commodities across the Canadian Border
Foreign companies to send their personnel to the U.S. to install or service equipment pursuant to a contract of sale or to provide after sales service
U.S. companies to bring foreign business consultants for training or expert advice
U.S. universities to bring foreign guest speakers or lecturers
Visa processing can be difficult and confusing. If you would like the assistance of an experienced immigration lawyer, please contact us or call our office at 1-415-601-0210 to schedule a consultation today.
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Content on this site is intended for generalized information reasons. It may become out of date at any time due to changes in the law. It is not intended to offer case-specific legal advice nor should it be deemed valid or accurate for that reason. If in fact you have an exact immigration related legal issue, we recommend you consult with an experienced immigration attorney or immigration lawyer. There exists disclaimers throughout our website stating that we are not an official U.S. Government website.
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