B1 visa and B2 visa
Business travelers may enter the United States using a B1
Visa,
or 'Visitor for Business' Visa. In practice these visas are invariably issued as
jointly with B2 Visa, or 'Visitor for Pleasure' (i.e. Tourist) visa. This practice
means that, if a candidate has an old tourist visa, it may be valid for a
planned business trip. For those who come under the visa-waiver scheme, details
of which are provided below, there is usually no need to apply for a visit visa
at all if the candidate wishes to visit the US for three months or less.
While in the US as a business visitor, an individual may:
- Conduct Negotiations
- Solicit sales or investment
- Discuss planned investment or purchases.
- Make investments or purchases
- Attend Meetings, and participate in them fully.
- Interview and hire staff.
- Conduct research.
The following activities require a working visa, and may not
be carried out by business visitors:
- Running a business.
- "Gainful employment".
- Payment by an organization within the US.
- Participating as a professional in entertainment or sporting events.
Obviously there is a considerable ‘gray area’ in between
what definitely is allowed and what definitely isn’t. It is advisable to err
on the side of caution when bringing overseas persons into the USA on business
visitor visas. However, in certain strictly limited cases, paid employment may
be possible using a ‘B1 in lieu of H1B’.
Those entering on visitor visas will generally be granted 6
months leave to remain (the maximum allowable is one year) on entry. It may be
possible to obtain a six-month extension to the visit visa as long as the
candidate will be maintaining visitor status, and there are good reasons to do
so. It is sometimes possible to change status to another longer-term visa whilst
in the US as a visitor, as long as the candidate advised the relevant US Embassy
or Consulate of this possibility beforehand, or there was no pre-conceived
intent to do so.
N.B. Visit visas should generally be applied for in a country
of which the candidate is a Citizen or permanent resident. Applications made in
other countries often run a high risk of being turned down. The most common
reason for refusal of B1/B2 visas is the applicant showing insufficient evidence
of social, family or economic ties to his/her country of residence that would
ensure that s/he would return there following the visit to the USA.
If the necessary conditions are satisfied then the applicant
can apply for a visa.
The Visa Waiver Pilot Programme
The Visa Waiver Pilot Programme: As long
as they are travelling on a participating airline (i.e. most scheduled airlines
from participating countries), and hold a return or onward ticket to a country
other than Canada, Citizens of the following countries do not need a visa for
visits to the US of up to 90 days:
Andorra, Argentina, Australia, Austria, Belgium, Brunei,
Denmark, Finland, France, Germany, Iceland, Ireland, Italy, Japan,
Liechtenstein, Luxembourg, Monaco, Netherlands, New Zealand, Norway, San Marino,
Slovenia, Spain, Sweden, and Switzerland, and the United Kingdom.
Those present in the US under the visa waiver scheme are subject to basically
the same conditions as those on a B1/B2 visa, except that it is not usually
possible to extend the visa while in the US or change to another visa.
NB: Visitors on private aircraft will generally require a B1/B2 visa.
The B1 in lieu of an H1B
In certain, limited circumstances the US Consulate may issue
an employment - authorized B1 visa where the work to be undertaken would usually
require an H1B visa. This provision is particularly applicable to situations
where you may need to send a member of staff to the US for a limited period in
order to undertake specific projects for you. The requirements for acquiring a
B1 in lieu of H1B are:-
- The work to be undertaken in the US must be H1B level – i.e. the worker
must be engaged in a ‘speciality occupation’;
- The worker must permanently employed (i.e. not a contractor) and paid by
the employer outside the US;
- The worker may receive no compensation other than expenses from a US
source;
- The worker must have a degree relevant to the services to be provided–
there is no provision for work experience to be considered equivalent to a
degree, as there is under the H1B.
The B1 in lieu of H-1 visa generally takes 1 to 2 weeks to
obtain, and considerably more supporting documentation is required than for a
normal B1 visa. Periods of admission and extension are the same as for the
standard B1 visa (i.e. generally 6 months).
If the necessary conditions are satisfied then the applicant can apply
for a visa.
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