What Is the B-1 Visa?
The B-1 visa is for business visitors. There is a separate B-2 visa category for tourists.
What Are The Conditions That Someone Must Abide By When Granted A B-1 Visa?
B-1 business visitors must maintain an un-abandoned residence abroad, must remain on the payroll of an employer abroad, and may not lawfully work in the US.
What Are The Permissible Activities For A B-1 Tourist Or Business Visa?
B-1 business visitors can engage in meetings and consultations on behalf of their foreign employer. They may also come to the U.S. to attend a conference or trade show, sign a contract, or participate in a legal matter including attending a court hearing, deposition, or related matter. A business visitor is normally not permitted to engage in any employment that otherwise would have been performed by a local US worker.
How Does The Visitor’s Intent Affect the Application Process?
Visitors are required to maintain a non-immigrant intent. This means that the visitor must maintain continuing permanent ties abroad. The burden of proof for proving B-1 eligibility rests with the applicant, not the immigration inspector. Any point that is not clear can be held against the individual applying to enter the U.S. and may be used by the reviewing officer to deny the applicant admission to the U.S. or to deny a visa stamp request.
How Do They Establish The Non-Immigrant Intent?
Nonimmigrant intent is established by the adjudicator’s review of all aspects of the applicant’s proposed visit. If the applicant cannot clearly document that any visit to the U.S. is temporary and that the applicant has many strong reasons for needing to return abroad, admission can be denied. Factors can include close family remaining abroad and continuing permanent employment outside the U.S. Factors can also include having significant assets abroad including a home, bank accounts, and retirement accounts. Entering on a pre-paid round-trip ticket with a fixed return date may also be viewed more favorably than entering on a one-way ticket or a ticket with an open return date. These determinations are made by the reviewing immigration officer on a case by case basis after considering all relevant factors.
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