B1 Visitors for Business

If you are a foreign business professional that has business to conduct within the United States, the B1 visa may be just what you need. We are often approached by foreign business professionals concerned with whether or not their business activities within the United States will require work authorization or a B1 business visitor visa. There are many instances where business professionals are able to engage in business activities within the United States without the need to obtain work authorization. In order to determine if you qualify for a B-1 business visitor, several factors must be considered. In general, a business visitor must be coming into the United States on a temporary basis, with the intent to return to their home Country when their temporary duties are complete. In addition, they must be performing duties for a Non-U.S. employer and must receive no compensation from the United States. For the job duties to be acceptable for the attainment of a B-1 business visitor visa they must not be engaged in duties that local U.S. workers can perform.

Under NAFTA Appendix 1603.A.1, the following is a list of acceptable activities that can be engaged in while on a B-1 business visitor visa:

  1. Research and DesignTechnical, scientific and statistical researchers conducting independent research or research for an enterprise located in the territory of another Party.
  2. Growth, Manufacture and Production – (a) Harvester owner supervising a harvesting crew admitted under applicable law. (b) Purchasing and production management personnel conducting commercial transactions for an enterprise located in the territory of another Party.
  3. Marketing –  (a) Market researchers and analysts conducting independent research or analysis or research or analysis for an enterprise located in the territory of another Party. (b) Trade fair and promotional personnel attending a trade convention.
  4. Sales – (a) Sales representatives and agents taking orders or negotiating contracts for goods or services for an enterprise located in the territory of another Party but not delivering goods or providing services. (b) Buyers purchasing for an enterprise located in the territory of another Party.
  5. Distribution – (a) Transportation operators transporting goods or passengers to the territory of a Party from the territory of another Party or loading and transporting goods or passengers from the territory of a Party, with no unloading in that territory, to the territory of another Party. (b)With respect to temporary entry into the territory of the United States, Canadian customs brokers performing brokerage duties relating to the export of goods from the territory of the United States to or through the territory of Canada. (c)With respect to temporary entry into the territory of Canada, United States customs brokers performing brokerage duties relating to the export of goods from the territory of Canada to or through the territory of the United States. (d) Customs brokers providing consulting services regarding the facilitation of the import or export of goods.
  6. After-Sales Service – Installers, repair and maintenance personnel, and supervisors, possessing specialized knowledge essential to a seller’s contractual obligation, performing services or training workers to perform services, pursuant to a warranty or other service contract incidental to the sale of commercial or industrial equipment or machinery, including computer software, purchased from an enterprise located outside the territory of the Party into which temporary entry is sought, during the life of the warranty or service agreement.
  7.  General Service – (a) Professionals engaging in a business activity at a professional level in a profession set out in Appendix 1603.D.1. (b) Management and supervisory personnel engaging in a commercial transaction for an enterprise located in the territory of another Party. (c) Financial services personnel (insurers, bankers or investment brokers) engaging in commercial transactions for an enterprise located in the territory of another Party. (d) Public relations and advertising personnel consulting with business associates, or attending or participating in conventions. (e) Tourism personnel (tour and travel agents, tour guides or tour operators) attending or participating in conventions or conducting a tour that has begun in the territory of another Party. (f) Tour bus operators entering the territory of a Party: (1) with a group of passengers on a bus tour that has begun in, and will return to, the territory of another Party; (2) to meet a group of passengers on a bus tour that will end, and the predominant portion of which will take place, in the territory of another Party; or (3) with a group of passengers on a bus tour to be unloaded in the territory of the Party into which temporary entry is sought, and returning with no passengers or reloading with the group for transportation to the territory of another Party. (g)Translators or interpreters performing services as employees of an enterprise located in the territory of another Party. 

 If you have questions about your potential business activities within the United States, contact us today so that we can determine the best available immigration option for you. 

Call us at (716) 832-2222 or send an e-mail to moc.walnoitargimmirjnull@ofni