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The B-1 Business Visa is a nonimmigrant visa which allows foreign nationals to enter the United States temporarily for business (e.g., to negotiate contracts, attend business meetings, seminars or conferences, consulting with clients or business associates, litigation, etc.). Visitors for business are engaged in commercial transactions not involving gainful employment. Visitors may participate in scientific, educational, religious or business conventionsIt is not gainful employment if visitor is making phone calls, giving employees instructions or taking clients to their cars. However, where business activity almost exclusively involves full-time management of a U.S. enterprise, B-1 is not valid. Other examples of business visitors are members of the board of directors of the U.S. corporation coming for a board meeting, foreign corporate personnel coming to set up U.S. subsidiary, persons exploring E-2 investment or foreign nationals installing equipment pursuant to contract of sale.
The visitor for business must have clear intent to continue foreign residence. His or her principal place of business and actual accrual of profits are predominantly in foreign country. His or her legitimate commercial or professional activity further international commerce or business. The foreign employer directs the employment, profits must accrue abroad and must go to the employer and services in the U.S. must be incidental to international trade and commerce. Payment to the employee on B-1 visa should generally be abroad, however, remuneration from non-U.S. source may be arranged through U.S. financial institution. Services performed are not once which a U.S. worker would have been hired for, are not inherently part of the U.S. labor market, and are not primarily benefiting the U.S. entity as local work.
For more information and for help with your B-1 visa, call B-1 visa attorney in Phoenix at 480-425-2009 or send us email TODAY!