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Practice Areas > Visitor/ Business Visa
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B-1 Business Visa
General list of activities that a person can undertake while on a B-1 Visa in the United States |
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Engage in commercial transactions, which do not involve gainful employment in the United States (such as a merchant who takes orders for goods manufactured abroad); |
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Negotiate contracts; |
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Consult with business associates; |
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Litigate; |
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Participate in scientific, educational, professional, or business conventions, conferences, or seminars; or |
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Undertake independent research. | |
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Specific Examples of Business Activities permitted under a B-1 visa
Participants in Cultural Programs
A professional entertainer may be classified B-1 if the entertainer: |
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Is coming to the United States to participate only in a cultural program sponsored by the sending country; |
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Will be performing before a nonpaying audience; and |
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All expenses, including per diem, will be paid by the member's government. | |
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Musicians
An alien musician may be issued a B-1 visa, provided: |
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The musician is coming to the United States in order to utilize recording facilities for recording purposes only; |
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The recording will be distributed and sold only outside the United States; and |
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No public performances will be given. | |
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B-1 IN LIEU OF H-1B
Any person holding a B1 or B1/B2 visa may be eligible to perform H-1B work in the United States as long as they fulfill the following criteria |
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Hold the equivalent of a U.S. bachelor's degree |
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Plan to perform H-1B-caliber work or training |
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Will be paid only by their foreign employer, except reimbursement of incidental travel costs | |
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such as housing and per diem. Theemployee must not receive any salary from a U.S.
source |
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The task can be accomplished in a short period of time |
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These travelers would be admitted as B1 visitors, and may only stay in the U.S. for the time |
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allotted by the Department of Homeland Security upon entry. | |
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Medical Doctor
A medical doctor otherwise classifiable H-1 as a member of a profession whose purpose for coming to the United States is to observe U.S.medical practices and consult with colleagues on latest techniques, provided no remuneration is received from a U.S. source and no patient care is involved. Failure to pass the Foreign Medical Graduate Examination (FMGE) is irrelevantin such a case.
Participants in International Competitions
A professional entertainer may be classified B-1 if theentertainer is coming to the United States to participate in a competition forwhich there is no remuneration other than a prize (monetary or otherwise) andexpenses.
Members of board of directors of U.S.Corporation
A person who is a member of the board of directors of a U.S. corporation seeking to enter the United States to attend a meeting of the boardor to perform other functions resulting from membership on the board.
Investor Seeking Investment in United States
An alien seeking investment in the United States,including an investment that would qualify him or her for status as an E-2 investor. Such an alien is precluded from performing productive labor or fromactively participating in the management of the business prior to being granted E-2 status.
Commercial or Industrial Workers
A person coming to the United States to install, service, or repair commercial or industrial equipment or machinery purchased from a company outside the United States or to train U.S.workers to perform such services. However, in such cases, the contract of salemust specifically require the seller to provide such services or training and the visa applicant must possess specialized knowledge essential to the seller's contractual obligation to perform the services or training and must receive no remuneration from a U.S. source.
Professional athletes
Professional athletes, such as golfers and auto racers, who receive no salary or payment other than prize money for his or her participation in a tournament or sporting event.
Ministers on Evangelical Tour
Ministers of religion coming to the United Statesto engage in an evangelical tour who do not plan to take an appointment withany one church and who will be supported by offerings contributed at each evangelical meeting.
Ministers of Religion Exchanging Pulpits
Ministers of religion temporarily exchanging pulpits with U.S.counterparts who will continue to be reimbursed by the foreign church and will draw no salary from the host church in the United States.
Missionary Work
Members of religious denominations, whether ordained or not, entering the United States temporarily for the solepurpose of performing missionary work on behalf of a denomination, so long as the work does not involve the selling of articles or the solicitation or acceptance of donations and provided the minister will receive no salary or remuneration from U.S. sources other than an allowance or other reimbursement for expenses incidental to the temporary stay. "Missionary work" for this purpose may include religious instruction, aid to the elderly or needy, proselytizing, etc. It does not include ordinary administrative work, norshould it be used as a substitute for ordinary labor for hire.
Participants in Voluntary ServicePrograms |
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Persons participating in a voluntary service program benefiting U.S.local communities, who establish that they are members of, and have acommitment to, a particular recognized religious or nonprofit charitable organization. No salary or remuneration should be paid from a U.S. source, other than an allowance |
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or otherreimbursement for expenses incidental to the volunteers' stay in the United States. |
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A "voluntary service program" is an organized project conducted by a recognized religious or nonprofit charitableorganization to assist the poor or the needy or to further a religious orcharitable cause. The program may not, however, involve the selling of articlesand/or the solicitation and acceptance of donations |
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You must assure that the written statement issued by the sponsoring organization is attached to the passportcontaining the visa for presentation to the DHS officer at the port of entry. | |
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| Personal Employees of Foreign Nationals in Nonimmigrant Status |
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A personal or domestic employee whoaccompanies or follows to join an employer who is seeking admission into, or isalready in, the United States in B, E, F, H, I, J, L, M, O, P, or Q nonimmigrant status. |
Medical
An alien who is studying at a foreign medical school and seeks to enter the United States temporarily in order to take an "electiveclerkship" at a U.S.medical school's hospital without remuneration from the hospital. The medical clerkship is only for medical students pursuing their normal third or fourth year internship in a U.S.medical school as part of a foreign medical school degree. (An "elective clerkship" affords practical experience and instructions in the various disciplines of medicine under the supervision and direction of faculty physiciansat a U.S.medical school's hospital as an approved part of the alien's foreign medical school education. It does not apply to graduate medical training, which isrestricted by 212(e) and normally requires a J-visa.)
the alien qualifies for A classification.(See 9 FAM 41.113 PN11.1 for notation to be inserted on any
Artists
An artist coming to the United States to paint, sculpt, etc.who is not under contract with a U.S. employer and who does not intend to regularly sell such art-work in the United States.
Honorarium Payments
B-1non immigrant may accept an honorarium payment and associated incidentalexpenses for usual academic activities (which can include lecturing, guestteaching, or performing in an academic sponsored festival) if:
- The activities last no longer than nine days at any single institution or organization;
- Payment is offered by an institution of higher education, a nonprofit research organization or a Governmental research organization;
- The honorarium is for services conducted for the benefit of the institution or entity; and
- The alien has not accepted such payment or expenses from more than five institutions or organizations over the last six months.
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