B-1 or Not B-1? THAT is the question
It can be difficult for foreign workers, who wish to come to the United States for business purposes, to understand when a B-1 Business Visitor Visa is sufficient and when Work Authorization is required. Working in the U.S. without the appropriate authorization can have life-long consequences. Therefore, a careful analysis of the work to be completed in the U.S. should be undertaken before a decision is made as to the appropriate documentation that will be needed. Additional information on qualifying for a B-1 or B-2 visa can be found here.
The chart below, which is courtesy of the U.S. Department of State, provides an overview of key groupings of temporary business-related activities permitted on the B-1 Business Visitor visa. If your business purposes do NOT fit within the descriptions below, you will most likely need a different type of visa. If you are unsure whether or not you require actual work authorization for an upcoming business trip to the U.S., contact our office for a review of your situation prior to your travel.
| Purpose of Your Travel | About Your Temporary Visit |
| Athlete, professional | Receives no salary or income from a U.S.-based company/entity, other than prize money for participation in a tournament or sporting event. Try-outs for a professional team, but cannot remain in US playing on US team. Athletes or team members who seek to enter the United States as members of a foreign based team in order to compete with another sports team shall be admitted provided: (1) The foreign athlete and the foreign sports team have their principal place of business or activity in a foreign country; (2) The income of the foreign based team and the salary of its players are principally accrued in a foreign country; and (3) The foreign-based sports team is a member of an international sports league or the sporting activities involved have an international dimension. |
| Business venture, investor seeking investment | Survey potential sites for a business and/or to lease premises in US. Cannot remain in US to manage business. |
| Conference, meeting, trade show or business event attendee | Will receive no salary or income from a U.S based company/entity. For scientific, educational, professional or business purposes. |
| Exposition or trade show employees of foreign exhibitors at international fairs (excludes government representatives) | Will receive no salary or income from a U.S based company/entity. Will plan, assemble, dismantle, maintain, or be employed in connection with exhibits at international fairs or expositions. |
| Lecturer or speaker | No salary or income from a U.S. based company/entity, other than expenses incidental to the visit. If honorarium will be received, activities can last no longer than nine days at any single institution or organization; payment must be offered by an institution or organization described in INA 212(g); honorarium is for services conducted for the benefit of the institution or entity; and visa applicant will not have accepted such payment or expenses from more than five institutions or organizations over the last six months. |
| Researcher | Independent research, no salary/income from a US based source, or benefit to US institution. |
| Sales/selling | Exhibition/taking orders/negotiating and signing contracts for products, which must be produced outside the U.S. |
| Service engineer (Commercial, Industrial) | Engineer(s) install, service or repair commercial or industrial equipment or machinery sold by a non-US company to a U.S. buyer, when specifically required by the purchase contract. Installation cannot include construction work, except for supervision or training of US workers to perform construction. |
| Training | Participating in a training program that is not designed primarily to provide employment. Will receive no payment or income from a U.S. based company/entity, other than an expense allowance or expense reimbursement related to traveler’s stay. |
