B1 Visa

 

Overview

The B-1 Visa is for persons who are visiting the United States temporarily for business purposes, but not for the purpose of being employees by a U.S. entity. Accordingly, an individual entering the United States under B-1 status may not provide services to a U.S. entity, or receive payment or remuneration from any U.S. source. Foreign visitors are sometimes suspected of seeking employment in the United States and are refused B visas. To avoid suspicion, a business visitor must demonstrate that he/she will maintain a foreign residence, enter the United States for a specific period of time, with the intention to leave the United States at the end of their temporary stay, enter solely for legitimate business purposes, have adequate financial arrangements for the purpose of the visit, and show that the principal place of business and profits will remain in a foreign country, and that he is receiving no pay or remuneration from a U.S. source.

 

The following are some examples of the types of business activities permitted by the United States:

• Commercial transactions that do not involve employment in the U.S. (such as exporting and importing of goods);
• Negotiating contracts;
• Consulting with associates;
• Litigation; and
• Participating in scientific, educational, professional or business conferences or seminars.

Under NAFTA there is a wider range of admissible activities for Canadian Citizens (not permanent residents) some of these activities include:

• Research and design;
• Manufacturing and production;
• Marketing;
• Sales;
• Distribution;
• After-sales service (installation, repair, maintenance of commercial equipment and machinery); and
• General service (professionals, supervisors and management participating in commercial transactions).

Maximum Stay in the US

The maximum length of stay for B-1 applicants is typically up to 6 months, although such lengthy admissions are uncommon. Upon expiry an applicant may request extensions of their visa but they are extremely difficult to obtain. There is no limit to the number of extensions the applicant may request. However, the applicant must show the immigration officer that his/her stay is only temporary, which is very difficult.

 

Spouses and Dependent Children

Spouses and dependent children of the B visitor are also entitled to obtain non-immigrant status in the US. However they are not permitted to work. Dual Intent The B-1 category is only available with evidence that the applicant does not have the intention to immigrate to the United States. Every visitor is presumed to be an intended immigrant. In order to overcome this presumption, the applicant should show the following:

• The applicant has sufficient funds to support self;
• The applicant has specific plans for the visit;
• The desired period of time is suitable to the purpose of the visit;
• The departure from the U.S. will take place upon completion of the business visit; and • The applicant has ties to his/her home country.