B-1 Business Visitor Visa
The B-1 visa is reserved for temporary visitors who will perform business-related activities but will not be receiving salary or payment from a US source.
Who can qualify for the visa?
To be eligible for a B-1 visa, an applicant must be able to demonstrate:
- strong ties to one’s home country and a permanent residence abroad that he/she does not intend to abandon
- the sole purpose of the trip is to engage in legitimate activities relating to business, and
- intent to enter the US for a definite temporary period consistent with the stated purpose of the trip and intent to depart the US upon completion of the visit
What types of business activities qualify?
B-1 visas may be issued for the following activities:
- Commercial transactions that do not involve gainful employment in the US (such as taking orders for goods manufactured abroad)
- Consultations with business associates
- Litigation
- Negotiation of contracts
- Installation, service, or repair of commercial or industrial equipment purchased from a foreign company
- Investors establishing an investment in the US or opening a US office
- A member of a board of a US company attending a board meeting
- Scientific, educational, professional or business conventions, conferences or seminars
- Independent research
- Missionary work, so long as the work does not involve the selling of articles, acceptance of donations, or receipt of salary
- Voluntary service programs benefiting US local communities
- Professional athletes who are not paid a salary in the US and are participating in a tournament
- Personal or domestic servants who have worked for their employer for over a year and whose employer is only in the US temporarily
What are some problems, issues, and consular questions which arise when applying for a B-1 visa?
We have more than twenty-five years of experience dealing with B visa issues. Among the negative factors considered by consular officers in reviewing B-1 visa applications are:
- a lack of ties to one’s home country: young adults; no spouse or children; no property holdings; unemployed; lack of international travel; living in a rural or provincial area; previous or pending petition for immigration (for more details, please see our article on 214(b) at www.visarefusal.com)
- holding the nationality of a country with high visa refusal rates
- spending substantial time in the United States and/or making frequent visits to the United States (suspicion of unlawful employment; need to “re-establish” ties to home country)
- recently began a new job (e.g., parent company in US invites for training)
- losing one’s job since receiving previous US visa
- previously gave birth in the United States, particularly if one did not pay hospital bills
- previously changed status in US (e.g., Summer Work Travel student changes status to B after end of summer)
- “suspicious” inviting party (e.g., company invited other individuals who did not return to their home country)
- previously extended status in US (e.g., prolonging stay, regardless of reason)
- failing to adhere to timeframes indicated in a previous visa application
How does White and Associates help?
We can help you prepare for your visa interview. We can help allay your concerns and deal with difficult questions. We can help you prepare supporting documentation. In addition to providing a consultation, we can also represent you in the visa application process. Issuance of one visa can pave the way for future visas, but one refusal can irrevocably taint the ability to obtain a visa. Even if you have been denied a B-1 visa, we may be in a position to assist (see the Case Studies on our site visarefusal.com for examples of how we have helped visa applicants overcome B-1 refusals — http://visarefusal.com/case_studies/)
B visa interviews are extremely subjective. Section 214(b) of the Immigration and Nationality Act gives consuls unprecedented leeway in denying applications. If any of the above-listed factors applies to you, you should consider consulting a professional before paying the visa processing fees. In addition, the human factor is so important: how will the visa applicant handle the interview? How will the applicant answer questions from the consul? Does the applicant get nervous in an official setting? Intimidated by public officials/authorities? How does the applicant look at the visa interview — professional? Poor? Overdressed? Ostentatious? We can conduct a mock visa interview over Skype to best prepare you for the actual interview. Don’t underestimate the process. Contact us for a consultation.