The B1 Visa: You or your business do business in the United States; come on in...it just doesn't work!

The B1 Visa: If you or your business do business in the United States, come on in...it just doesn't work!

By

Michael Phulwani, Esq. and Attorney Dev B. Viswanath


A B-1 visa is a non-immigrant, temporary business visa. Individuals traveling to the United States on business are eligible for this visa. The following are examples of valid business uses:

• Dealing with an estate, negotiating a contract, participating in short-term training, consulting with colleagues in the business, attending or participating in a conference, and working as a personal or domestic employee are all examples of these activities.



A foreign national who wants to work as a personal or domestic employee in the United States on a B-1 visitor visa must submit an employment authorization document. A different kind of B-1 visitor cannot do substantive work!


Should I Apply for a B-1 Visa? A person must meet the following requirements to be eligible for a B-1 visa:

• There must be a legitimate business reason for the visit;

• The trip must be limited to a specific amount of time;

• You must be able to pay for your own travel and lodging;

• You can demonstrate that you currently reside outside the United States and intend to return at the conclusion of the visit; • You do not have any other restrictions that would prevent you from entering the United States, such as previous visa violations or criminal arrests or convictions. The steps involved in applying for a B-1 visa vary depending on the U.S. Embassy or Consulate where you submit your application.



A person with a B-1 visa can stay in the United States for anywhere from one to six months, with a maximum of six months. In any case, for the most part, the candidates are allowed a multi-month time span to finish their business. A stay extension of up to six months can be granted after the initial stay has ended. With very few exceptions, the maximum amount of time spent in B-1 status on a single trip is one year. A dependent visa cannot be obtained by any B-1 non-immigrants spouse or children under the age of 21. Each dependent who will travel to the United States with the B-1 visa holder must apply for a B-2 visa on their own and follow the rules of that visa. Contact a lawyer with experience in consular processing and the visa process if you, a colleague, or someone you know might benefit from a B-1 Business Visitor Visa.



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