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B-1 Business Visa

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A B-1 Visitor which is properly called "Visitor for Business" Visa, allows a person to come to the United States to engage in business activities for a specific duration. Typically, business visitor visas are granted for a period of six months, which is the maximum length of time allowed per year. In some circumstances, it may be possible for the alien to obtain a six-month extension to the visit visa as long as he or she maintains his or her visitor status, and there are valid reasons for doing so. If the time is less than three months, then there is no requirement to even obtain the visa. It should be noted that Business Visitor Visas should be applied for in the alien's home country. The reason for this is that often applications which are made in other countries are denied. Typically, Visitor Visas are denied due to lack of documentation showing social, family or economic ties to the alien's country of residence.

When we speak of "business activities", this includes conducting business negotiations, soliciting sales or investments, making investments or business related purchases, attending business meetings, interviewing and hiring staff, and conducting business related research. With regards to activities that are not permitted under the Business Visa, the foreigner may not run a business, engage in gainful employment, receive any payments from an American organization, and participate in any entertainment or sporting events as a professional.

Sometimes in very limited circumstances, an alien may obtain an employment authorized B1 Visitor Visa for work which would typically require an H-1B Visa. A situation where this would be possible would be when a foreign company sends an alien employee to the U.S. to complete specific projects, or when the U.S. company wishes to bring over an employee from an overseas subsidiary for a short period of time. In order to obtain an employment authorized B1 Visitor Visa in lieu of an H1-B; there are certain requirements that need to be met. The first requirement is that the work that is to be completed in the U.S. must be of H-1B nature, thus the employee must be engaged in a "specialty occupation". Second, the work to be completed must be full-time and not contracted work, and the employee must be compensated by the employer that is outside of the United States. Third, the foreign employee may not take any compensation from the U.S. company other than those related to expenses. Fourth, the alien employee must have a degree related to the work that he or she will be performing. Unlike the H-1B Visa, work experience will not be considered to be the equivalent of holding a degree, and thus the degree requirement may not be waived due to extensive work experience.

Obtaining this type of B1 visa in lieu of H-1 visa typically takes one to two weeks to obtain. Of course, there is substantially more supporting documentation than is necessary for an ordinary B1 Visitor Visa. The duration that the foreign employee is permitted to stay in the U.S. is the same as the normal B1 Visitor Visa (typically six months). It is important to stress that in some situations, holders of this special type of B1 Visa encounter problems when trying to cross the U.S. Border. This is due to the fact that even though this visa is issued by a U.S. Consulate or U.S. Embassy, it has not been officially recognized by the United States Citizenship and Immigration Services (USCIS).

If you or someone you know is need of family law services, please do not hesitate to call Garg & Associates at 281-362-2865 for a consultation today or use our Contact Form.

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