Requirements

To obtain a B-1 visa, the applicant must establish that he or she has a foreign residence that he or she has no intention of abandoning, is coming to the United States on a temporary basis and for a relatively short duration solely for the purpose of conducting business, and has adequate financial resources for purposes of the trip. B-1 status also requires that the applicant not receive any remuneration through a United States source other than a small per diem. Accordingly, when applying for a B-1 visa, applicants should always bring evidence of ties to their home country, such as records showing family relations (registry, birth records, marriage certificate, etc.), evidence of property owned in the home country, bank accounts, etc. The applicant should also bring a letter from his or her employer confirming that he or she is employed and paid outside of the United States and explaining with specificity the purpose and expected duration of the proposed trip to the United States.

Appropriate B-1 Activities

The Department of State Foreign Affairs Manual (FAM), USCIS regulations, and various agency policy memoranda establish guidelines for appropriate and inappropriate B-1 activities.

Activities which are generally found acceptable for B-1 status include:

• Attending conventions, meetings, seminars and conferences;

• Participating in litigation (as a party, or as a witness);

• Negotiating contracts;

• Engaging in commercial transactions;

• Engaging in substantive business activities that benefit a foreign entity;

• Undertaking independent research;

• Engaging in evangelical tour or exchange pulpits, if a minister;

• Engaging in missionary work as long as the work does not involve selling of articles or solicitation or acceptance of donations, and the person will not receive remuneration from U.S. sources other than an allowance or reimbursement for expenses incidental to their stay in the United States;

• Participating in certain voluntary service programs;

• Attending board meetings or performing board-related functions, if a member of the board of directors of a U.S. corporation;

• Acting as a personal or domestic employee where certain conditions are met and the employer is a foreign national working in the United States in an employment-authorized status, or is a U.S. citizen employed abroad who is returning to the United States temporarily; and

• Installing, servicing, or repairing commercial or industrial equipment pursuant to a contract to sell goods with a company abroad. The contract must include after-sale installation and service, and the applicant must be employed and remunerated by the seller abroad.
  

 Activities which are not acceptable for B-1 status include:

• Engaging in local work for hire;

• Performing services as an independent consultant in the United States; and

• Looking for employment in the United States.

 The Department of State's Foreign Affairs Manual provides further detailed explanation of acceptable and unacceptable B-1 activities.

Visa Waiver Program

Not all foreign nationals are required to obtain a visa prior to entry into the United States as business visitors. Nationals of countries designated for participation in the Visa Waiver Program (formerly known as the “Visa Waiver Pilot Program”) are allowed to enter the United States for business or tourism purposes for up to 90 days with a valid passport. A significant difference between entry on a B-1 visa and entry under the Visa Waiver Program is that persons who enter the United States under the Visa Waiver Program may not extend or change status at a later date, and will be permanently barred from entering on the Waiver Program if their stay exceeds the 90-day limit, even by a single day. The Department of State (DoS) maintains an up-to-date list of participating countries, which is subject to change at any time.

Use of the B-1 Visa in Lieu of H-1B or H-3

An employer may find itself in need of a foreign national for short-term work purposes where the foreign national would normally be required to obtain an H-1B or H-3 visa, but the employer does not intend to source the foreign national for very long and the U.S. employer would not be paying for the foreign national’s salary.

​If the person will be retained on foreign payroll and receive no funds from any U.S. source (other than an expense allowance or reimbursement for expenses incidental to their temporary stay in the United States), it may be appropriate to seek a “B-1 in lieu of H-1B” or “B-1 in lieu of H-3” visa from the U.S. consulate. A person who holds a B-1 in lieu of an H-1B or H-3 may not be paid in the United States. In such cases, the person must prove to the satisfaction of the consular officer that the admission to the United States is to perform services for a U.S. entity under circumstances such that the person would clearly qualify for an H-1B visa (or is engaging in a training program at a U.S. site under circumstances such that the person would clearly qualify for an H-3 visa). It must also be established for the consular officer that the U.S. entity will not be offering a salary or any remuneration for the foreign national’s services (other than permissible expense account or expense reimbursement for the trip). ​

The applicant will still need to prove nonimmigrant intent to the satisfaction of the consular officer before the B-1 in lieu of H-1B/H-3 visa will be issued. Length of authorized periods of stay upon admission are governed by the nature of the anticipated activities, and the admitting inspector will generally authorize periods from 30 to 180 days on the I-94 admission record.

B-1 Frequently Asked Questions

What is a B-1 visa?

B-1 business visitor visa classification is designated for foreign nationals coming to the United States for a temporary period to engage in meetings, seminars and other activities not involving “local” employment. Persons who are not Canadian citizens and do not qualify for the Visa Waiver program (”VWP” , see below), must apply for a B-1 visa at a U.S. Consulate or Embassy in their home country. B-1 visas may be granted from a few months to up to 10 years, depending on the applicant’s nationality. Regardless of how long the visa is valid, a person entering in B-1 status will only be allowed to stay no more than 6 months upon each admission. The inspecting immigration officer may grant a shorter period depending on the person’s intended activities in the United States. Engaging in unauthorized employment while in B-1 status can result in significant liability for the employing company and severe penalties for the individual. Employees and managers should therefore take special care to ensure activities carried out in the United States in B-1 status are consistent with these guidelines.

What are permissible B-1 activities?

As noted above, B-1 status (including VWP status) does not provide employment authorization in the United States. In some situations, a person’s activities in the United States may be considered permissible even though the activities may involve work. These are generally situations where the work is conducted for the benefit of an organization outside of the United States and not for an entity in the United States. Note, however, that under no circumstances may a person in B-1 or VWP be compensated in the United States, aside from a small per diem for travel expenses. Examples of activities likely to be considered either permissible or non-permissible for B-1 business visitor status and the Visa Waiver Program by Customs and Border Protection and the Department of State, assuming the individual remains on a foreign payroll, include:

When should a work visa be sought?

Where the person’s activities constitute local work, a work authorized visa classification should be sought. Employees of multinational corporations who have worked for a related entity outside the US for at least one year may qualify to be transferred to the United States pursuant to L-1 or L-1 Blanket status. Depending on nationality (if same as the corporate parent), employees may also qualify for E-2 treaty investor status regardless of how long they have worked for the company abroad.

In situations where it is not clear whether the person’s activities are permissible for B1 or VWP status, it is better to err on the side of caution and seek work-authorized classification. This will protect the employee and the company from any finding by the government of unauthorized employment. Even where a person’s activities clearly fall in one of the permissible activities listed above, it often makes sense to seek workauthorized status if the person will be coming to the United States on a frequent basis. There have been situations where employees coming for frequent visits to the United States have been delayed by the Customs and Border Protection and told that they need work authorization. Having an appropriate work visa will generally make the process of entering the United States quicker and easier

What is the Visa Waiver Program?

Citizens of certain countries may enter the US as business visitor without applying for a B-1 visa pursuant to VWP. A complete list of VWP eligible countries is provided in the following page. This program allows the person to stay in the United States for up to 90 days for business purposes. However, VWP status does not allow for extensions of stay, or changes of status. Like the regular B-1 business visitor status, VWP status does not grant work authorization. Note that if a person stays beyond the 90-day limit permitted by VWP status, he or she will be permanently barred from entering pursuant to this program in the future.

Which countries participate in the Visa Waiver Program?

There are currently 42 Countries participating in VWP:

Are there special requirements for travelling on the Visa Waiver Program?

Yes. All VWP travelers are now required to obtain an authorization using the Electronic System for Travel Authorization (ESTA) prior to travel. ESTA is web-based and may be accessed online at https://esta.cbp.dhs.gov/. The system will ask basic biographical and eligibility questions. Although applications may be submitted at any time prior to travel, the government encourages individuals to apply as soon as travel is planned. In most cases, ESTA will produce a response (Authorization Approved; Travel Not Authorized or Authorization Pending) within seconds.

Once travel authorization is granted by ESTA, the authorization will be valid for multiple entries into the United States and generally be valid of up to 2 years or until the traveler’s passport expires (whichever comes first). Note that ESTA authorization is not a guarantee of admission into the United States; the ESTA approval only authorizes a traveler to board a carrier for travel to the United States under the VWP.

Please also note that persons who have previously violated U.S. immigration law, have been convicted of a crime, have a communicable disease, or have been denied a visa to enter the United States in the past, are generally not eligible for the VWP. In most cases, such persons will be required to apply for a B-1 visitor visa at a U.S. Consulate or Embassy prior to traveling to the United States.

Are there special rules for Canadian Citizen?

Canadians visitors are not required to apply for a visa to enter the US. They will need to explain to the CBP officer that they seek to enter the U.S. as temporary visitors

NOTE on Arrival-Departure (I-94) Records

Upon arrival in the United States, it is essential that visitors obtain their I-94 records online at https://i94.cbp.dhs.gov/I94. This record will indicate the length of stay permitted in the U.S.