B-1 Visa


Most businesspersons entering the United States enter with B-1 visas. The visa itself, which is issued by a US consul abroad, may be issued for varying periods of time, and may be issued for single or multiple entries.

This must be distinguished from the period of time that is granted by the US immigration service once the alien makes application for entry at a US border point. Usually, the US immigration service will grant the B-1 applicant the period of time that is necessary for him or her to accomplish the purpose of the visit, usually from a few weeks up to six months.
B-1 visas are usually issued to aliens who are coming to the United States to enter into or negotiate contracts, purchase goods for shipment abroad, obtain orders for products manufactured abroad, attend business conventions, consult with business organizations, or to investigate business opportunities in the United States. They may also be used to check on business investments that the alien has previously made in the United States, and to permit the alien to open and establish a new US business, although, it must be pointed out that, the alien cannot actively participate in the management of said business. In order to obtain a B-1 visa, the alien must establish that he or she has a residence in a foreign country which he or she has no intention of abandoning.

The alien must also establish an intent to depart from the United States at the expiration of the temporary stay and that he or she has adequate funds to cover the expenses of the expected stay in the United States. In this regard, the consular or US immigration official will look to the alien's ties with the foreign country to determine whether there are sufficient contacts to indicate the likelihood of the alien's returning to the foreign domicile. These ties would include such things as employment abroad, family, property, or other business or social connections with the foreign country.

Accompanying family members of B-1s, who are defined as the spouse and minor unmarried children, are usually given the same period of time as the principal alien. If, after entry to the United States, the alien discovers that he or she needs additional time in order to accomplish the purpose of the trip, an extension of time may be requested from the US immigration service, on US immigration form I-539, which applications are usually granted.
In many instances, the US consul will issue a joint B-1/B-2 visa. In these cases, the alien may seek to enter the United States, in either nonimmigrant category. At the time of entry, the alien will advise the US immigration officer at the port of entry of the primary purpose of the trip. If the primary purpose is for business, the alien will be admitted as a B-1, business visitor. Otherwise, the alien will be admitted as a B-2, visitor for pleasure.


Generally, any foreign national seeking to enter the United States must be in possession of a valid visa, with a few limited exceptions. The most common exception is for those entering under the Visa Waiver Pilot Program. This program was designed to allow nationals from certain countries to enter as visitors, for a limited period of time, without the need of a visa. Only those countries that meet certain criteria, most notably a past history of low refusal rates for visas, qualify under the program.

Under the program, a nonimmigrant visitor may enter the United States, from a visa waiver country, for a period of 90 days or less. The alien must be carrying a valid passport from one of the treaty countries. In addition, the alien must waive any right to administrative and judicial review or appeal of an US immigration officer's determination as to his or her admissibility other than on the basis of an application for asylum, and must waive any right to contest any action for deportation, other than on the basis of an asylum application.
Furthermore, the alien must possess a return trip ticket that will transport the alien out of the United States to any other foreign port or place as long as the trip does not terminate in contiguous territory or an adjacent island (unless the alien is a resident of the contiguous territory or adjacent island).

Finally, the alien must arrive to the US on a carrier that has entered into an agreement accepting certain duties and obligations contained in the law.

There are several disadvantages to an alien entering under the visa waiver program. The alien may not apply for an extension of stay beyond the 90-day period, nor may the alien change his or her status in the United States. Also, as mentioned above, the alien can be refused admission, and summarily excluded from the United States, without the right to a removal hearing. Again, the only exception is for one who requests asylum in the United States. Likewise, an alien who entered on a visa waiver, and is later determined to be deportable by an US immigration officer, shall be expelled from the United States without the right to a hearing before an US immigration judge. As above, the only exception is for an alien filing for asylum. Because of these disadvantages, it is usually better to enter the United States with a visa if that option is available.