Generally, a citizen of a foreign country who wishes to enter the United States must first obtain a visa, either a nonimmigrant visa for a temporary stay, or an immigrant visa for permanent residence. Visitor visas are nonimmigrant visas for persons who want to enter the United States temporarily for business (visa category B-1), for tourism (visa category B-2), or for a combination of both purposes (B-1/B-2).
B-1 Temporary Business Visitor
You may be eligible for a B-1 visa if you will be participating in business activities of a commercial or professional nature in the United States, including:
• Consulting with business associates
• Traveling for a scientific, educational, professional, or business convention, or a conference on specific dates
• Settling an estate
• Negotiating a contract
• Participating in short-term training
• Transiting (traveling) through the United States: certain persons may transit the United States with a B-1 visa
• Deadheading: certain air crewmen may enter the United States as deadhead crew with a B-1 visa
Eligibility Criteria
You must demonstrate the following in order to be eligible for a B-1 visa:
• The purpose of your trip is to enter the United States for business of a legitimate nature
• You plan to remain for a specific, limited period of time
• You have sufficient funds to cover the expenses of the trip and your stay in the United States
• You have a residence outside the United States that you have no intention of abandoning, as well as other binding ties that will ensure your return abroad at the end of the visit
• You are otherwise admissible to the United States
Aliens seeking a B-1 visa from certain countries may be able to enter the United States without a visa.
If you are in the United States in another valid nonimmigrant status, you may be eligible to change to B-1 status. To change to B-1 status, file a Form I-539, Application to Extend/Change Nonimmigrant Status.
Period of Stay and Extension of Stay
The initial period of stay under a B-1 visa may be from one to six months, and the stay may be extended for up to six months—with a maximum total amount of time permitted in B-1 status of one year.
At the port of entry, an immigration official may authorize your admission to the United States, and if you are eligible for admission, you may be admitted initially for the period necessary to carry out your business activities—up to a maximum period of one year.
If you wish to stay beyond the time indicated on the Form I-94 without departing from the United States, you must file Form I-539, Application to Extend/Change Nonimmigrant Status, and submit any required supporting documents to United States Citizenship and Immigration Services (USCIS).
Family of B-1 Visa Holders
Your spouse and children are not eligible for a dependent visa. Each of your dependents who will be accompanying or following to join you must apply separately for a B-2 visa and must follow the regulations for that visa.
Certain B-1 Activities that Require an Employment Authorization Document
The following types of B-1 business visitors require employment authorization:
• A personal or domestic servant who is accompanying or following to join an employer who seeks admission into or is already in the United States in a B, E, F, H, I, J, L, or TN nonimmigrant classification.
• A domestic servant of a U.S. citizen accompanying or following to join their U.S. citizen employer who has a permanent home or is stationed in a foreign country, and who is temporarily visiting the United States.
• An employee of a foreign airline engaged in international transportation of passengers’ freight, whose position with the foreign airline would otherwise entitle the employee to treaty trader nonimmigrant classification (E-1), and who is precluded from such classification solely because the employee is not a national of the country of the airline’s nationality or because there is no treaty of commerce and navigation in effect between the United States and the country of the airline’s nationality.
If you are applying for a B-1 visa or admission as a B-1 business visitor as a personal or domestic servant described above, you must demonstrate the following:
• You have a residence abroad in which you have no intention of abandoning.
• You have at least one year of experience as a personal or domestic servant.
• You have been employed abroad by your employer for at least one year prior to the employer’s admission into the United States—or if you have been employed abroad by the employer for less than one year, the employer must show that while abroad, he or she has regularly employed a domestic servant in the same capacity as that intended for your employment.
Before starting employment in any of the above three activities, a person will need to file Form I-765, Application for Employment Authorization.
In Texas, as in all other U.S. states, the regulations for foreign nationals entering the country for business purposes under a B-1 visa are governed by federal law, not state statutes. The B-1 visa allows individuals to engage in business activities such as consulting with business associates, attending conferences, settling an estate, negotiating contracts, and participating in short-term training. To be eligible, applicants must prove the business nature of their trip, intent to stay for a limited time, sufficient funds, a residence outside the U.S., and that they are admissible to the U.S. The initial stay is typically one to six months, extendable up to six months, with a total of one year. Extensions require filing Form I-539 with USCIS. Dependents of B-1 visa holders must apply for a B-2 visa. Certain B-1 activities may require an Employment Authorization Document (EAD), and applicants in these categories must meet additional criteria and file Form I-765. It's important to note that while the visa process is federally regulated, local Texas attorneys can provide assistance with understanding the requirements and the application process.
