The
B-1 Business Visa is intended to allow foreign
businessmen to enter the United States for a
brief period of time in order to conduct
limited business activities. The B-1 Business
Visa is available to all persons with an
actual need to enter the USA for a brief visit
for business purposes.
Business
Purpose
The
term "business" refers to
conventions, conferences, consultations and
other legitimate activities of a commercial or
professional nature. It does not include local
employment or labor for hire. Building or
construction work, whether on site or in a
plant, shall be deemed to constitute purely
local employment or labor for hire, provided
that the supervision or training of others
engaged in building or construction work (but
not the actual performance of any such
building or construction work) shall not be
deemed to constitute purely local employment
or labor for hire if the foreign national is
otherwise qualified as a B-1 nonimmigrant. The
Business Visa holder is not authorized to
perform any activity that is termed
"gainful employment", and his
activities are limited to such matters as
consultation, contract negotiation, and
attendance at trade shows and conferences.
In
order to comply with the requirements for a
B-1 Visa, the foreign national must first
demonstrate a valid temporary business purpose
permissible under the limited activities
authorized for business visitors. The second
requirement is satisfied when the applicant
satisfactorily demonstrates strong personal
and business ties in his home country, and
otherwise demonstrates his business visit will
be temporary in nature. The applicant does not
require a pre-approved Visa Petition by
Immigration and Naturalization Services in
order to obtain a Business Visa. It may be
necessary to obtain a letter of invitation in
certain instances and, in the case of
applicants from China, is considered a
prerequisite.
Distinguished
Merit and Ability
A
foreign national of distinguished merit and
ability seeking to enter the United States
temporarily with the idea of performing
temporary services of an exceptional nature
requiring such merit and ability, but having
no contract or other prearranged employment,
may be classified as a nonimmigrant temporary
visitor for business.
Duration
of Visa
A
holder of a B-1 Visa is typically allowed to
remain in the United States for six months.
Depending upon the nature of his business,
however, the applicant may receive permission
to enter for only a briefer period of time.
The Business Visa may be renewed indefinitely
in increments not to exceed five years. The
Visa holders spouse and dependants are not
included in the B-1 Visa. Each family member
must apply for his or her own B-1 visa.
Refusal
of Admittance at Port of Entry
An
important note of warning - receiving the B-1
Visa does not necessarily assure the Visa
holder that he will be admitted to the United
States. Although a B-1 Visa has been issued by
an American consulate, the inspecting officer
may deny the Visa holder admittance at a Port
of Entry to the United States. The decision of
the inspecting officer to refuse admittance at
the Port of Entry will be based upon a
consideration of the nature of the visitor's
purpose in visiting the United States, the
number of previous entries, and the length of
previous stays in the United States.
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