B visas are issued by U.S. consulates to foreign nationals seeking to enter the U.S. as tourists (B-2) or business visitors (B-1). B visas are generally issued for a 10 year period, allowing the holder to make multiple entries into the U.S. during that time. At the airport or land port of entry, U.S. Citizenship and Immigration Services (USCIS) inspects the B visa, questions the visitor, and makes a determination of length of stay in the U.S. The length of stay is recorded on an I-94 card put into the visitor's passport and can vary in length from a few days to six months.

B visas and admission as a B-1 (as opposed to B-2) can be difficult to obtain. The US has agreements with approximately 24 countries that allow foreign visitors to enter the US on a 90-day card under the Visa Waiver Pilot Program. Thus, foreign nationals from these countries are encouraged to use the no-visa system and discouraged from formal application for B visas. Foreign visitors from other countries are often suspected of seeking to work in the US and are refused B visas.

B visa applicants must show: 1) an unabandoned foreign residence to which they intend to return; 2) an intention to enter the US for a specifically limited period of time and 3) that their sole purpose in the US will be to visit. Applicants for B visas must show specific and realistic plans; credible support arrangements for time in the US and sufficient support arrangements for dependent family members abroad and that they have not begun a US permanent resident application. B-1 visas are available for business purposes including: taking orders for goods manufactured abroad, negotiating contracts; consulting with associates; litigation; participation in conferences or research projects. Examples of other specific fact patterns that fit the B-1 category include: servants of US citizens, professional athletes, missionaries and volunteers of international service organizations, investors, and Board members.

DOS and USCIS have attempted but failed to issue a joint regulation on B visas, as a result, both agencies have considerable discretion on whether to issue B-1 visas or admit B-1 visitors. In the absence of a joint regulation, the "law" in the area is comprised of unofficial interpretations that apply to specific fact patterns and have no precedential value. As a practical matter, oversight and enforcement of B-1 rules is almost nonexistent. Thus, the four hurdles in the B-1 area are: getting a B visa issued, obtaining admission to the U.S. as a B-1 visitor, extending B status by internal petition to the USCIS and changing to a work authorized visa category, without committing misrepresentation.

As a general rule, B-1 visitors should adhere to the following tips to facilitate entry to the United States:

1. always have a round trip ticket, with the return trip booked for a date six months or less in the future;
2. always demonstrate that the employer is a non-US employer and the particular project requiring a visit to the US is a project that benefits the non-US company and requires only consultation, training, negotiating or marketing in the US;
3. if asked, always demonstrate that the salary and travel expenses are paid by a non-US company on a non-US payroll dispersed into a non-US bank account, and that the profit center for the project is the non-US company;
4. if asked, always state that the particular project will be completed before the return date on the plane ticket (i.e. within six months at the longest);
5. if asked, always state no intention to remain in the U.S. or to apply for a work visa (H, L or immigrant visa or "green card");
6. avoid using the words "work" or "employment" with regard to the U.S. location or company;
7. bear in mind that intentions may reasonably change after admission, and that status can be extended by petition to the USCIS through the mail. So, for example, it is perfectly legitimate to state at entry a desire to enter the U.S. for a 3 month period of time, but once admitted, petition the USCIS for an extension of stay for an additional six months; and
8. if applying for admission as a B-1 or WB visitor stating the intent to participate in an academic activity for which an honorarium payment will be awarded, have in hand a letter of invitation from the organization sponsoring the honorarium-related activity. The letter of invitation should clearly specify the honorarium-related event or activity and the date(s) and the location of the event. The letter must be produced for inspection if requested by an inspecting Service officer at the U.S. port-of-entry where the visitor is applying for admission.

On the employer's side, there is no I-9 requirement as a B-1 visitor is not "working" in the United States. Please contact us if you have further questions.