Overview
The B-1 Visa is for persons who are visiting
the United States temporarily for business
purposes, but not for the purpose of being
employees by a U.S. entity. Accordingly,
an individual entering the United States
under B-1 status may not provide services
to a U.S. entity, or receive payment or
remuneration from any U.S. source. Foreign
visitors are sometimes suspected of seeking
employment in the United States and are
refused B visas. To avoid suspicion, a business
visitor must demonstrate that he/she will
maintain a foreign residence, enter the
United States for a specific period of time,
with the intention to leave the United States
at the end of their temporary stay, enter
solely for legitimate business purposes,
have adequate financial arrangements for
the purpose of the visit, and show that
the principal place of business and profits
will remain in a foreign country, and that
he is receiving no pay or remuneration from
a U.S. source.
The following are some examples of the
types of business activities permitted by
the United States:
• Commercial transactions that do
not involve employment in the U.S. (such
as exporting and importing of goods);
• Negotiating contracts;
• Consulting with associates;
• Litigation; and
• Participating in scientific, educational,
professional or business conferences or
seminars.
Under NAFTA there is a wider range of admissible
activities for Canadian Citizens (not permanent
residents) some of these activities include:
• Research and design;
• Manufacturing and production;
• Marketing;
• Sales;
• Distribution;
• After-sales service (installation,
repair, maintenance of commercial equipment
and machinery); and
• General service (professionals,
supervisors and management participating
in commercial transactions).
Maximum Stay in the US
The maximum length of stay for B-1 applicants
is typically up to 6 months, although such
lengthy admissions are uncommon. Upon expiry
an applicant may request extensions of their
visa but they are extremely difficult to
obtain. There is no limit to the number
of extensions the applicant may request.
However, the applicant must show the immigration
officer that his/her stay is only temporary,
which is very difficult.
Spouses and Dependent Children
Spouses and dependent children of the B
visitor are also entitled to obtain non-immigrant
status in the US. However they are not permitted
to work.
Dual Intent
The B-1 category is only available with
evidence that the applicant does not have
the intention to immigrate to the United
States. Every visitor is presumed to be
an intended immigrant. In order to overcome
this presumption, the applicant should show
the following:
• The applicant has sufficient funds
to support self;
• The applicant has specific plans
for the visit;
• The desired period of time is suitable
to the purpose of the visit;
• The departure from the U.S. will
take place upon completion of the business
visit; and
• The applicant has ties to his/her
home country. |