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Generally, a citizen of a foreign country who wishes
to enter the United States must first obtain a visa,
either a nonimmigrant visa for temporary stay or an
immigrant visa for permanent residence. The vast majority
of non-immigrant visa applications received at the US
Embassy are for tourism or business travel. B1 visas
are for business, including such things as a need to
consult with business associates, negotiate a contract,
buy goods or materials, settle an estate, appear in
a court trial, and participate in business or professional
conventions or conferences. Or, where an applicant will
be traveling to the United States on behalf of a foreign
employer for training or meetings. The individual may
not receive payment (except for incidental expenses)
from a United States source while on a B1 visa.
While in the US as a business visitor, an individual
may
- Conduct Negotiations
- Solicit sales or investment
- Discuss planned investment or purchases.
- Make investments or purchases
- Attend Meetings, and participate in them fully.
- Interview and hire staff.
- Conduct research.
The following activities require a working visa, and
may not be carried out by business visitors
- Running a business.
- Gainful employment.
- Payment by an organization within the US.
- Participating as a professional in entertainment
or sporting events.
B1 can be converted into an H1-B. The H1-B employer
should file a change of status application from B1 to
H1-B, with the USCIS. It is recommended that you wait
at least 60 days after entry to file the H1-B application
because if it is done earlier, the USCIS might feel
that you used the B1 solely for the purpose of finding
employment and this a violation of the B1 visa rules.
You cannot work for any employer without authorisation.
Also, you cannot have a full-time H1-B with one company
and part-time with another. They both have to be part-time
positions.
Qualifying for a Visa
Applicants for visitor visas must show that they qualify
under provisions of the Immigration and Nationality
Act. The presumption in the law is that every visitor
visa applicant is an intending immigrant. Therefore,
applicants for visitor visas must overcome this presumption
by demonstrating that
- The purpose of their trip is to enter the U.S. for
business, pleasure, or medical treatment
- They plan to remain for a specific, limited period
and
- They have a residence outside the U.S. as well
as other binding ties which will insure their return
abroad at the end of the visit.
CHECKLIST
FOR BUSINESS VISITOR (B-1) (PDF)
Disclaimer
" Any information on this website should
not be construed as legal advice for any individual
case or situation. The information is intended to be
general and should not be relied upon as being specific".
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