Obtaining a B-1 Visa

Foreign citizens wanting to enter the United States for business must obtain a B-1 visa to do so. Generally, B-1 visas allow for up to a six month stay, with a possible extension for an additional six months.

How do I know when I need a B-1 visa and when I need an H category visa?

The B-1 visa is for those foreign citizens spending time in the United States in the course of doing business. The restrictions that apply to B-1 visas suggest the types of dealings to which a B-1 visa is applicable. Allowed business activities include:

Negotiations
Soliciting sales and investments
Discussing investments and purchases
Making investments and purchases
Attending and participating in meetings
Interviewing and hiring staff
Conducting research

In contrast, the following activities require H-1 category visas:

Starting and running a business
Having 'gainful employment' - working for a U.S. business or organization for pay.
Receiving payment by an organization within the U.S.
Participating as a professional in entertainment or sporting events.

In some limited circumstances the U.S. Consulate may issue an employment-authorized B-1 visa where the work to be undertaken would usually require an H1-B visa. This provision is particularly applicable to situations in which someone may need a non-U.S. company to send a staff member to the U.S. for a limited period in order to undertake specific projects or in which an employee of an overseas subsidiary, affiliate or parent company is needed for a limited time. The requirements for acquiring a B-1 visa in lieu of H1-B visa are:

The work must be that which qualifies for an H1-B visa (a 'specialty occupation').
The worker must permanently employed and paid by the employer outside the U.S.
The worker may receive no compensation other than reimbursement from a U.S. source.
The worker must have a degree relevant to the services to be provided (for a B-1 visa, there is no provision for work experience to be considered equivalent to a degree, as there is under the H1-B visa).

Obtaining a B-1 visa in lieu of an H category visa generally takes 1 to 2 weeks; considerably more supporting documentation is required than for a normal B-1 visa. Periods of admission and extension are the same as for the standard B-1 visa.

How can I obtain a B-1 visa?

Because the law presumes that anyone entering the United States is doing so with the intention of immigrating here, applicants for visitor visas must overcome that presumption. They can do so by showing that:

The trip's purpose is for business, pleasure or medical treatment
They plan to remain for a specified, limited period of time
They have a residence and binding ties outside of the Unitd States that ensure their return abroad at the end of their visit.

B-1 visas should generally be applied for in the country of which the candidate is a citizen or permanent resident. Applications made in other countries often run a high risk of being turned down. The most common reason for refusal of visitor visas is insufficient evidence of social, family or economic ties to his country of residence that would ensure that he would return there following his U.S. visit.

What documents do I need to get my B-1 visa?

The following documentation is required for a B-1 visa:

Completed Application Form OF-156

One colored photograph 1-1/2 inches square (37 x 37 mm) showing full face, without head covering, against a light background. The applicant's signature must appear on the reverse side of the photograph. Photographs are required for all applicants, including children.

Evidence substantiating the purpose of the trip, intent to depart the U.S. after a temporary visit and arrangements made to cover the costs of stay in the United States and return to the home country.

For business travelers, such evidence may consist of a letter from their employer indicating the purpose and length of the trip as well as the firm's intent to defray the costs of the trip or an explanation of other sources of funds.

When you come through a U.S. port of entry, an authorized USCIS official will stamp and give you a Form I-94, Record of Arrival-Departure, which notes the length of stay permitted.

For B-1 visa extensions, the following is required:

A completed Form I-539 (Application to Extend/Change Nonimmigrant Status). Spouses and unmarried children under 21 who are in the same status may be included in the extension application.

A check or money order for the application fee.

Copy of both sides of Form I-94.

A letter explaining in detail the reasons for the extension, why the extended stay would be temporary, arrangements made to depart and the effect the extended stay would have on the applicant's foreign employment and residency.

Durrani Law Firm can help you determine which visa is appropriate for your visit to the United States and help obtain a B-1 visa. We are available for consultations and can be contacted by email at info@durrani.com or by phone at 1-866-DURRANI.