B Visa - Temporary Business Visitors
There are a number of visa categories that allow applicants to work, however, most of them require the prospective employer to sponsor the petitioner for work authorization with the U.S. Citizenship and Immigration Services (USCIS). In general, persons intending to work in the U.S. must obtain a temporary work permit approved by the USCIS and be in possession of the appropriate visa prior to entering the country.
The B Business Visitor Visa is a non-immigrant visa for persons wishing to enter the U.S. temporarily for business. Visitors on a temporary business visa can conduct activities of a commercial or personal nature, such as attending business meetings, purchasing property, negotiating and signing contracts, attending conferences or short training courses, etc. The typical entry duration on a B-1or B-2 visa is six months, which can be extended.
Travelers from Visa Waiver Program countries are eligible to enter the U.S. without a visa. Those entering the U.S. in visa waiver status are not eligible to apply for a change of status or to adjust status to legal permanent residency unless they can apply as the immediate relative of a U.S. citizen.
The presumption of law is that every visitor visa applicant is an intending immigrant. Therefore, applicants for visitor visas must demonstrate that:
- The purpose of their trip is to enter the U.S. temporarily for business, pleasure or medical treatment
- They plan to remain for a limited period of time
- They maintain a residence and other binding ties in their home country
The B-1 and B-2 visas can be used for a variety of reasons to enter the U.S.:
- The visa can be used to obtain medical care
- They may be utilized to enter for tests necessary to obtain a work visa as a physician or nurse
- The B-1 and B-2 may be used to enter to explore business opportunities or to interview for job positions
- The B-1 may be used by contractors to enter the U.S. to perform services for U.S. clients on a contract basis
The B-1 visa is designed to allow any individual to enter the U.S. temporarily to carry on limited activities for the benefit of their foreign employer. While in the U.S., the individual must continue to be paid by the foreign employer and the business activity must be associated with international trade or commerce. Under this classification, the individual cannot perform local employment that would displace a U.S. worker.
The B-1 visa classification is often used by sales personnel to enter the U.S. to solicit sales for foreign-made products. The sales person, however, is not allowed to sell products that are made by a U.S. subsidiary of the foreign employer. Under NAFTA regulations, Canadian citizens can also enter the U.S. to install, repair and maintain commercial or industrial equipment or software purchased from a business located outside the U.S.
The B-1 classification is also often used by executives or managers of foreign companies to enter the U.S. to do certain preliminary work necessary to start up a business in the U.S. Such activities would include meeting with lawyers and accountants, opening bank accounts and entering into contracts and leases on behalf of the U.S. company. The executive or manager, however, cannot be actively involved in the management of the U.S. business without obtaining an appropriate work authorization.
A B-1 business visitor must apply for a visa at a U.S. consular office prior to entry to the U.S. Canadian citizens, however, are visa exempt, thus allowing them to apply for B-1 status directly at a U.S. port-of-entry or pre-flight inspection. If a person is a citizen of a country participating in the Visa Waiver Program, they can enter the U.S. without a visa for no more than 90 days. Landed immigrants of Canada who are citizens of countries that are not participants in the Visa Waiver Program, must apply for a B-1 visa at a U.S. consulate.
The immigration officer at the port of entry sets the permitted duration of the visit, which is usually six months. A ten-year visa merely means that you can use that visa as an entry document to make various visits to the U.S. (of no more than six months duration at a time). Your form I-94 (Record of Arrival-Departure) notes the length of stay permitted. If you wish to extend the duration of your trip beyond what is indicated on your form I-94, you must file an application with the USCIS to Extend Status. The decision to grant or deny such a request is made solely by the USCIS. You may also apply for a change of status to a different non-immigrant category if you meet the requirements of the particular visa category.
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