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Articles Posted in B-1 Business Visitor

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You have Questions, We have your Answers. Here are answers to 5 of your Frequently Asked Questions

In this blog we are answering 5 of your frequently asked questions in detail. Please remember that every case and every story is different and unique. You should not compare your situation to anyone else’s. We hope that our answers will provide you with further guidance on your immigration journey. For any further questions please visit our website or call our office for a free legal consultation. We thank you for your continued trust in our law office.

Q: I am visiting the United States as a tourist from a non-visa waiver country. My duration of stay will expire in approximately 1 month. Is it possible for me to extend my stay in the United States?

A: Yes, it is possible to extend your duration of stay if you plan to remain in the United States for purposes of tourism, leisure, or medical treatment. In order to extend your duration of stay you must file Form I-539. The process can be confusing for some, we recommend that all applicants seek counsel from an accredited legal representative or attorney to guarantee success.  In order to extend your duration of stay, you must be able to provide documentation proving that they have strong ties home including but not limited to: proof of employment, proof of academic enrollment, deed of property ownership, proof of financial obligations, etc. You must also be prepared to provide documented evidence supporting the fact that your stay will be for temporary purposes of tourism and/or leisure including a detailed personal statement establishing the fact that you will be in the United States for a temporary period of time, and will be returning back to your home country at the conclusion of your trip. Lastly, you must provide evidence that you have the sufficient finances to support yourself in the United States. The more evidence you can provide to support your claims, the better chances of your application being approved.

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If you are a foreign national that will be a potential investor or will participate in commercial or professional business activities in the United States, you may qualify for a B-1 Temporary Business Visa by applying through the consulate nearest to you.

Business activities, according to USCIS, that are of a commercial or professional nature include, but are not limited to, the following:

  • Consulting with business associates
  • Traveling for a scientific, educational, professional or business convention, or a conference on specific dates
  • Settling an estate
  • Negotiating a contract
  • Participating in short-term training
  • Transiting through the United States: certain persons may transit the United States with a B-1 visa
  • Deadheading: certain air crewmen may enter the United States as deadhead crew with a B-1 visa

There are several eligibility requirements that a B-1 Temporary Business Visa applicant MUST fulfill when they apply for their visa through consular processing. They are the following:

  1. The applicants must demonstrate that the purpose of the trip is to enter the United States for legitimate business reasons
  2. The applicants must demonstrate that they will remain in the United States for a specified temporary period of time to take care of the intended business activities
  3. The applicants must demonstrate that they have sufficient financial resources to sustain themselves and their expenses during their stay in the United States
  4. The applicants must also demonstrate that they have a permanent residence abroad that they do not intend to abandon, as well as provide other proof of ties with the home country
  5. If you have any inadmissibility issues, you must consult with an attorney

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Start-up entrepreneurs who wish to come to the U.S. to open a business have several immigration options. It is important that you understand the requirements, benefits, and downsides of each and choose the one that best fits your situation.

B-1 Business Visa

A B-1 business visa is a non-immigrant visa issued to those who wish to enter the United States for a business purposes. You are eligible to apply for a B-1 visa if you want to consult with a business associates, participate in a required medical clerkship without any remuneration, embark on independent research which does not benefit any U.S. institution, or participate in educational, professional scientific or business conventions, seminars, or conferences.

The validity period for this visa will differ depending on your country of origin. If you are seeking entry into the U.S. for business reasons for the first time, you may be allowed to stay in the U.S. for a period of time long enough to enable you conduct your business. However, the maximum period of stay allowed per visit is 6 months. But you can also apply for another six-month extension if you needed. A B-1 visa can be used for multiple entries in so far as it has not expired.

There are certain tasks that you are and are not allowed to do while in the U.S. on a B-1 visa. If you are in the U.S. with a B-1 visa, you are allowed to negotiate business, discuss planned purchases or investment, solicit sales or investment, attend and participate fully in meetings, conduct business research, and interview and hire staff. You are not allowed to look for employment, run a business in the U.S., or to take part in sporting and entertainment events as a professional.

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By Yingfei Zhou, Esq.

The B-1 business visitor visa allows foreign businesspersons to be admitted into the U.S. so that they may engage in certain temporary business activities. B-1 business visitors are not required to obtain work authorization prior to being admitted because they are not entering the U.S. labor market and they are admitted to the U.S. without Numerical limit.

Who qualifies as a business visitor?

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