If you want to do business in the United States, the B-1 business visitor visa type may be a suitable option for you.
Generally, foreign nationals traveling to the US for business or tourism purposes require a B-1 or B-2 visa, unless they qualify for the Visa Waiver Program (VWP).
What’s more, even children and babies need their own visa. That’s why at Curbelo Law we are ready to help you apply for these visas. Call us today.
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All about the B-1 visa for a temporary business visitor
The B-1 visa is intended for foreign nationals who need to enter the United States temporarily for commercial or professional business purposes. This includes:
- Attend scientific, educational, professional or business conferences.
- Carry out contract negotiations.
- Consult with business partners.
- Participate in short-term training courses.
- Manage matters relating to a property.
- Transiting through the United States. In fact, some travelers can use the B-1 visa to make a stopover in the country.
- Serve as an off-duty aircrew. Certain aircrews not on active duty may enter the United States as passengers on a B-1 visa.
Do I always have to apply for a B-1 visa?
While this B-1 visa is required to travel to the US and conduct business, if you qualify for the VWP, you will not need to apply for one.
This is because VWP allows citizens of certain countries to travel visa-free, provided they obtain ESTA approval. Similarly, Canadians and Bermudians generally do not need one.
What should I do if I want to travel to the United States for purposes other than business?
If you plan to travel to the United States for reasons other than business or tourism, you will need to apply for another type of American visa.
In case your passport has expired but your US visa is still valid, you must travel with a new passport and the passport containing the visa.
Upon entering the United States, the officer at the port of entry will issue you an electronic Form I-94 to record your date of entry and departure from the U.S.
What are the requirements to apply for the B-1 visa type?
To obtain the B-1 visa type, you must demonstrate that:
- The purpose of your trip to the United States is business.
- You plan to stay in the US for a limited period.
- You have sufficient funds for your trip and stay.
- You have a residence outside the United States and ties that ensure your return.
- You are admissible to the US.
We understand that visa application requirements can be confusing. However, our New Jersey immigration lawyers are here to help. Give us a call and we will advise you.
Requirements for a contract to request a domestic employee
To request domestic employees under the B-1 visa, the employer must meet the requirements of a contract.
This contract must specify an hourly wage that is higher than the legal minimum under US federal, state, or local laws. Information on minimum wages can be found on the Department of Labor ‘s website. In addition:
- The employer must provide free lodging and food to the employee.
- Cover round-trip travel expenses between the US and the employee’s place of residence.
- The contract should include a clause stating that the employee will not accept any other employment during its term.
- You must comply with US labor regulations, be written in a language the employee understands, and be signed by both parties.
To learn in detail all the requirements that apply to you as a domestic employee, do not hesitate to contact us.
Do I need a certain amount of money to apply for a B-1 visa?
No, you do not need to have a specific amount of money to apply for a B-1 visa. This is because there is no minimum funding requirement.
However, the assessment of finances varies from one applicant to another and will be carried out by the consular officer during the application.
What documents do I need to apply for a B-1 visa?
To apply for a B-1 visa, you will need to gather and prepare the following documents:
- Passport: Your passport must be valid for at least 6 months beyond your period of stay in the United States, unless an exemption exists under specific agreements in your country.
- Nonimmigrant visa application: This will be the confirmation page for Form DS-160.
- Application fee payment receipt: If payment is required before the interview, you must submit this receipt.
- Photo: You will need to upload your photo when completing Form DS-160 online. If the photo upload fails, you will need to bring a printed photo that meets the photo requirements.
Possible additional documents for the B-1 business visitor visa
Please review the instructions on how to apply for a visa on the website of the US embassy or consulate where you will be applying.
You may be asked for additional documents to establish your eligibility. These documents may include evidence of:
- The purpose of your trip.
- Your intention to leave the United States.
- Your ability to pay all travel costs.
Evidence of your employment or family ties may be sufficient to demonstrate the purpose of your trip and your intention to return to your home country.
What is the application process for the B-1 business visitor visa?
Applications for the B-1 visa type are processed by the United States embassy or consulate in your home country.
Before your visa is approved, you will need to participate in an interview. You can schedule one at a US embassy or consulate in another country. That said, the steps to obtain the B-1 visa type are:
- Complete Form DS-160 online, submit it, and save the confirmation page, as you will need it for your interview.
- Attach your digital photograph.
- Attend the visa interview.
- As part of the process, scans of your fingerprints will be taken, usually during the interview. After the interview, the consular officer may request additional documents to make a decision on your case.
How to renew the B-1 visa type?
B-2 tourist visas and B-1 visas must be renewed at a US embassy or consulate abroad. Only diplomatic visa holders and their dependents may renew their visas within the US.
The renewal process for these visas is identical to the initial application process, even if you already have a valid visa that is about to expire.
How long can I stay in the United States with the B-1 visa type?
With the B-1 visa type you can stay in the United States for a period of 1 to 6 months, with 6 months being the maximum allowed.
In special cases, you may apply for an extension of stay of up to 6 additional months, reaching a maximum total stay period of one year (12 months).
An immigration officer will determine the length of your admission. However, if you need to stay longer, you must file Form I-539 with USCIS to request an extension.
Can I work in the United States with a B-1 visa?
Since the B-1 visa is not intended for employment, it is not possible to work on it.
However, it is the best option for those who wish to do business and stay in the US for more than 90 days.
Can I bring my relatives to the United States with the B-1 visa type?
It is not possible to bring family members to the US with the B-1 visa type, since spouses and children cannot be included as dependents on this visa.
Therefore, each of them must apply for a B-2 visa separately, provided they meet the requirements.
Who else may be eligible for the B-1 visa type?
Certain personal or household employees may be eligible for the B-1 visa if they accompany a nonimmigrant employer or if they work for certain foreign airlines.
However, your activities must be related to your employment abroad.
Although they do not need an Employment Authorization Document (EAD) for their approved activities under this visa, they may apply for one using Form I-765.
It should be noted that these individuals cannot work for another employer in the US or stay beyond the authorized period on their B-1 visa.
Employers Who May Bring Nonimmigrant Domestic Employees to the US
Employers who may bring their domestic employees to the U.S. include:
- Nonimmigrant Alien: Holders of certain visas, such as: B, E, F, H, I, J, L, M, O, P, or Q who are seeking temporary admission.
- US Citizen: Normally resides outside the US., travels temporarily or has frequent international moves (minimum 2 years), and will reside in the US for no more than 6 years.
It should be noted that lawful permanent residents cannot bring or employ nonimmigrant domestic employees in the U.S.
What types of activities can I do in the United States with a B-1 business visitor visa?
With a B-1 visa you can conduct business activities, negotiate contracts, conduct business consultations, and more.
Generally, they do not authorize the performance of paid employment or productive activities, such as business management or consulting. The following are other activities permitted with the B-1 visa:
Sales
If you are traveling to the United States to participate in an exhibition, sign contracts, and receive orders for goods produced and delivered from abroad, you may be eligible for a B-1 visa.
However, you cannot sell or take orders for goods produced in the United States. If your activities do not fit these descriptions, you may need a temporary work visa, such as an H-2B visa.
Engineering Services
If you plan to install, service, or repair commercial equipment sold by a foreign company to a US buyer, you may be eligible for this visa.
However, the employee must have specialized knowledge, not receive compensation from US sources, and the company must not receive additional payments.
Conferences
If you are traveling to the United States for a conference, you may be eligible for a B-1 visa if you are not receiving remuneration from a US source except for incidental expenses.
Speakers may be eligible for a B-1 visa if the activities last less than 9 days at a nonprofit, governmental, or educational institution, and they have not received payments from more than 5 similar institutions in the past 6 months.
Business Entrepreneurship
If you are looking to survey sites for a business or rent premises in the US, you can apply for a B-1 visa. However, to run the business, you will need an L-1A visa or L-1B visa.
Work on an outer continental shelf
If you work on the Outer Continental Shelf, you may be eligible for a B-1 visa. To do so, you must provide a letter to your employer detailing the specific vessels and time of service.
Additionally, you must submit a letter from the US Coast Guard confirming that the vessels have been exempted from OCSLA regulations .
Voluntary service
By participating in a voluntary service program in the US, you may be eligible for a B-1 visa. To qualify:
- Do charity work.
- You did not receive a salary, only an allowance for expenses.
- Do not engage in sales or requests for donations.
The program must be organized by a religious or non-profit charity.
Medical Elective
If you are a medical student at a foreign school and want to do an unpaid internship at a US hospital, you may be eligible for a B-1 visa.
This internship is only for medical students completing their third or fourth year internship at a US medical school as part of their study program at a foreign school.
Research papers
If you will be engaged in independent research, you may be eligible for a B-1 visa if you are not paid and the results of the research do not benefit the institution.
If you will receive any payment from a US source and/or the US institution will benefit from the results, you will need to apply for another visa.
What is the difference between the B-1 visa and the B-2 visa?
The B-1 visa is for commercial or professional activities in the US, such as business, consultation, and establishment of property.
On the other hand, the B-2 visa is for tourism purposes, family visits, medical treatment and participation in social events.
Applicants often combine business and tourism purposes and are therefore granted a B-1/B-2 visa.
Can I get a Green Card with a B-1 visa type?
It is not possible to obtain a Green Card through a B-1 visa. This is because to qualify for a B-1 visa, you must show that you will return to your home country, with no plans to stay in the US permanently.
However, you may qualify for lawful permanent residence through other avenues, such as:
- US family-based immigration petitions,
- Marrying a US citizen and then applying for lawful permanent residence, or
- Finding a job in the US with an employer willing to sponsor your visa, such as the H-1B , and then apply for a Green Card.
Please note that with a B-1 visa you cannot work for a US company while in your home country.
This means you will need to follow specific procedures to change your status and prove that you had no intention of finding work, but that it just came up unexpectedly.
Do I need an immigration attorney to apply for the B-1 business visitor visa?
It is not mandatory to hire an immigration attorney to apply for a B-1 visa, but it may be beneficial to do so.
An experienced immigration attorney can help you navigate the application process, increase your chances of approval, and protect your rights.
At Curbelo Law, our immigration attorney Carolina Curbelo is available to provide you with the necessary legal assistance and guide you through every step of the process.
Contact us today by email, phone or by scheduling an appointment with our office located in Ridgewood, New Jersey.
