B-1 BUSINESS VISITORS

INTRODUCTION

The B-1 Business Visitors visa allows foreign nationals to enter and stay in the United States to work for a year. It is appropriate for companies whom routinely require foreign employees to travel to the United States for multiple months, as well as individuals who often travel to the United States for work purposes. Tsang & Associates offers a complete consular visa service for companies and individuals. We also provide training for companies and individuals who would like to prepare the B-1 visa themselves. Our attorneys will assess your circumstances and assist you in meeting the requirements. Consultations are free and we look forward to speaking with you.


SERVICES

Our attorney will prepare a complete B-1 Visa application, in addition to providing you:

  • Mock Interview Training
  • Attorney Representation
  • Supporting Document Preparation
  • Interview Preparation

In short, we provide a start to finish service. Your case is safe with us until the case is complete. 

PAYMENT

Legal Service Fee $1,500

Extension $500

Training $3,000

Free Consultation 

*Legal Fees vary based on complexity of each case, and the above quoted price represents the amount we charge for a typical case. 


ADDITIONAL INFORMATION 

Requirements:

  1. Have no intention of abandoning residence abroad;
  2. Visit the U.S. temporarily for business.

Limitations:

  1. The purpose of the visit must not be one which a U.S. worker could be hired to perform the work;
  2. The work conducted must not be primarily to benefit a U.S. company;
  3. The supervisor authority for the B-1 visa applicant must not be a U.S. company; 
  4. The applicant must not be paid by a U.S. company.

Legitimate B-1 Purposes:

  1. Consulting with business associates;
  2. Attending a scientific, educational, professional or business convention, or a conference on specific dates;
  3. Settling an estate;
  4. Negotiating a contract;
  5. Participating in short-term training.

This is not an all-inclusive list.

Available for the Following Professionals and Business Purposes:

  1. An individual traveling to the United States to take part in an exhibition, set up an exhibition booth, display samples, sign contracts, and take orders for merchandise produced in and delivered from the alien's foreign country; 
  2. Individuals participating in a voluntary service program which benefits a U.S. local community who establish that they are a member of, and have a commitment to, a particular recognized religious or nonprofit charitable organization; 
  3. Individuals who will install, service or repair commercial or industrial equipment or machinery sold by a company in the alien's foreign country to a buyer in the United States; 
  4. Individuals traveling to the United States in connection with a speaking engagement; 
  5. Participants in scientific, educational, professional, or business conventions, conferences or seminars; 
  6. Individuals who will engage in independent research; 
  7. Individuals traveling to the United States to survey potential sites for a business and/or to lease premises; 
  8. Individuals coming for an elective clerkship which affords practical experience and instruction in the various disciplines of medicine under the supervision and direction of faculty physicians at a U.S. medical school's hospital; 
  9. Individuals temporarily residing in the United States who will be working from home as computer programmers for foreign based companies; 
  10. Individuals performing missionary work on behalf of a religious denomination to engage in an evangelical tour and do not plan to take an appointment with any one U.S. church; 
  11. Individuals participating in a voluntary service program which benefits a U.S. local community; 
  12. An amateur, or group of amateurs performing in a social and/or charitable context, or as a competitor in a talent show or contest; 
  13. A professional entertainer may be eligible, unless an O visa or P visa is appropriate; 
  14. An amateur athlete or group of athletes competing in an athletic event for which they will receive no payment, other than incidental expenses; 
  15. Professional athletes, such as golfers and auto racers, who receive no salary or payment other than prize money for his/her participation in a tournament or sporting event.

The B-1 in Lieu of an H-1B:

In certain, limited circumstances the U.S. Consulate may issue an employment authorized B-1 visa where the work to be undertaken would usually require an H-1B visa. This provision is particularly applicable to situations where you may need to send a member of staff to the U.S. for a limited period in order to undertake specific projects. The requirements for acquiring a B-1 in lieu of H-1B are:

  1. The work to be undertaken in the U.S. must be H-1B level, i.e. the worker must be engaged in a specialty occupation;
  2. The worker must be permanently employed (i.e. not a contractor) and paid by the employer outside the U.S.;
  3. The worker may receive no compensation other than expenses from a U.S. source;
  4. 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 H-1B.

The B-1 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 B-1 visa. Periods of admission and extension are the same as for the standard B-1 visa (i.e. generally 6 months).


EXTENSION

If the applicant wants to extend their stay in the U.S., they must file a request with U.S. Citizenship and Immigration Services (USCIS) before their authorized stay expires. Check the date in the lower right-hand corner of the Form I-94 (Arrival/Departure Record) to determine the date the authorized stay expires. It is recommended to begin this process at least 45 days before the applicant's authorized stay expires.  

After Approval:
If approved, applicants can simply stay until the date of granted extension. The applicant will receive a new I-94 card in the approval letter. Upon leaving the U.S., both I-94 cards must be passed on to the airline staff when checking in at the airport. Applicants should save the approval letter, boarding passes and copies of airline tickets to prove that they left on time and were not staying in the U.S. unlawfully.

 


CHECKLIST

In order to provide you with the best and most accurate consultation, we recommend that you bring as many of the following information/documents as you can to ensure a productive meeting. 

  1. Strong reasons for return to resident country, such as steady employment with substantial salary, evidence of salary, or evidence of strong family
  2. Supporting Documents from the applicants employer, such as business license, registered documentation, trademark registered document of company, and supporting letter
  3. Applicants specific itinerary in the US
  4. Documents from the inviting company, such as a letter of invitation.  Documents regarding the activities of the applicant (such as an Agreement and Document of cooperation), and the signature of person-in-charge and the phone number, address, e-mail of inviting company.