B1 Visas
The US B-1 Visa is a temporary Business Visitor Visa. This type of US visa is only suitable if you need a short-term visa and your planned business activities fall within the ‘permissible business activities’ definition for a B1 Visa.
In this article, our US Immigration Solicitors explain the permissible business activities criteria. If you want more information on the B1 Visa application process then our Immigration Lawyers can help.
For US immigration advice call OTS Solicitors on 0203 959 9123 or contact us online.
The B1 Visa
The B1 Visa allows you to temporarily enter the US to participate in business activities of a commercial or professional nature. The visa does not generally allow you to undertake paid employment or consultancy work, even under a short-term contract. Nor does the B1 Visa allow you to operate a business from the US, even temporarily.
Our US Immigration Solicitors recommend that you take legal advice before applying for the B1 Visa to ensure you are applying for a visa that fits your circumstances and requirements. If you apply for a Business Visa or Work Visa that does not meet your needs it wastes time and money to have to reapply for the right visa. If you go to the US on a B1 Visa that doesn’t cover your planned business activities then you risk being refused US entry or not being allowed to return to the US.
The definition of a B1 Visa holder
Under The Immigration and Nationality Act Section 101(a)(15)(B) a B1 Visa holder is defined as ‘’an alien (other than one coming for the purpose of study or of performing skilled or unskilled labor or as a representative of foreign press, radio, film, or other foreign information media coming to engage in such vocation) having a residence in a foreign country which he or she has no intention of abandoning and who is visiting the United States temporarily for business or temporarily for pleasure’’.
That definition doesn’t help much as it simply refers to temporary business activity but there is additional guidance on whether work or activities fall within the definition of B1 Visa authorized or permissible activities.
The B1 Visa permissible activities
The guidance says that B1 Visa permissible activities include but are not limited to:
- Attending business meetings, conferences and conventions
- Conducting business negotiations
- Short-term training
- Speaking at business conferences or events
- Attending workshops and seminars
- Conducting research and gathering information
- Transiting through the US
- Conducting temporary business activities such as researching business ventures or opportunities
The rules do not allow a B1 Visa holder to receive payment from a US company for any work undertaken or services provided.
Activities you can't do on a B1 Visa
The rules on what amounts to a permissible business activity are not clear-cut. The prohibited activities and B1 Visa restrictions are a bit clearer. The rules say you cannot:
- Take a paid job or work for a US employer. This includes short-term contacts, freelance, consultancy and any permanent employment
- Receive monies or compensation for services provided
- Provide entertainment or work behind the scenes in production
- Enrol in an academic course as a student or commit to a research post – you need a suitable Student Visa or other visa
Checking your B1 Visa permissible activities
The key to understanding if the B1 Visa is the right visa for you is understanding your proposed activities whilst in the US. Our US Immigration Lawyers make no apologies for quizzing you on your business plans as many first-time B1 Visa applicants assume that their temporary work or business plans will fall within what is permitted within the B1 Visa but they don’t. Even experienced B1 Visa applicants can get caught out with changes to the rules or tweaks to their planned work whilst in the States.
Duration of stay for B1 Visa holders
B1 Visa holders can stay in the US for up to six months. You can apply for a visa extension for an additional six months but the total duration of your B1 Visa cannot exceed one year. You must leave the US before the expiry of your B1 Visa as overstaying your visa may impact your ability to get another US visa.
Help with your B1 Visa
Whether you are in the UK or based internationally, our US Immigration Solicitors can help with all your US immigration queries from our offices in London via videoconferencing software such as Zoom and Microsoft Teams meetings.
If you need immigration legal advice on whether the B1 Visa is the best option for you then our specialists can advise you and then support you through the B1 Visa application process. We can also guide you through a B1 Visa extension application if you decide you want to stay in the US for a further six months. If at the end of your B1 Visa, you decide that your future lies in the US we can look at your long-term US visa options and guide you through the relevant application process.
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For US immigration advice call OTS Solicitors on 0203 959 9123 or contact us online.
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