Nonimmigrant Business Visas & Religious Workers

B-1 Visitors for Business

The B-1 visa classification allows foreign visitors to enter the U.S. temporarily to engage in business related activities such as conventions, conferences and consultations, but not employment. Spouses and children under 21 may receive B-2 visa status for the same duration as the B-1 Visa holder. A B-1 Visa Business visitor may be approved for up to one year, but many times the duration of status is simply for the period of that particular business trip.

B visas are issued by U.S. consulates to foreign nationals seeking to enter the U.S. as tourists (B-2) or business visitors (B-1). B visas are generally issued for a 10 year period, allowing the holder to make multiple entries into the U.S. during that time. At the airport or land port of entry, U.S. Citizenship and Immigration Services (USCIS) inspects the B visa, questions the visitor, and makes a determination of length of stay in the U.S. The length of stay is recorded on an I-94 card put into the visitor's passport and can vary in length from a few days to six months.

B visas and admission as a B-1 (as opposed to B-2) can be difficult to obtain. The US has agreements with approximately 24 countries that allow foreign visitors to enter the US on a 90-day card under the Visa Waiver Pilot Program. Thus, foreign nationals from these countries are encouraged to use the no-visa system and discouraged from formal application for B visas. Foreign visitors from other countries are often suspected of seeking to work in the US and are refused B visas.

B visa applicants must show: 1) an unabandoned foreign residence to which they intend to return; 2) an intention to enter the US for a specifically limited period of time and 3) that their sole purpose in the US will be to visit. Applicants for B visas must show specific and realistic plans; credible support arrangements for time in the US and sufficient support arrangements for dependent family members abroad and that they have not begun a US permanent resident application. B-1 visas are available for business purposes including: taking orders for goods manufactured abroad, negotiating contracts; consulting with associates; litigation; participation in conferences or projects. Examples of other specific fact patterns that fit the B-1 category include: servants of US citizens, professional athletes, missionaries and volunteers of international service organizations, investors, and Board members.

DOS and USCIS have attempted but failed to issue a joint regulation on B visas, as a result, both agencies have considerable discretion on whether to issue B-1 visas or admit B-1 visitors. In the absence of a joint regulation, the "law" in the area is comprised of unofficial interpretations that apply to specific fact patterns and have no precedential value. As a practical matter, oversight and enforcement of B-1 rules is almost nonexistent. Thus, the four hurdles in the B-1 area are: getting a B visa issued, obtaining admission to the U.S. as a B-1 visitor, extending B status by internal petition to the USCIS and changing to a work authorized visa category, without committing misrepresentation.

As a general rule, B-1 visitors should adhere to the following tips to facilitate entry to the United States:

1. always have a round trip ticket, with the return trip booked for a date six months or less in the future;

2. always demonstrate that the employer is a non-US employer and the particular project requiring a visit to the US is a project that benefits the non-US company and requires only consultation, training, negotiating or marketing in the US;

3. if asked, always demonstrate that the salary and travel expenses are paid by a non-US company on a non-US payroll dispersed into a non-US bank account, and that the profit center for the project is the non-US company;

4. if asked, always state that the particular project will be completed before the return date on the plane ticket (i.e. within six months at the longest);

5. if asked, always state no intention to remain in the U.S. or to apply for a work visa (H, L or immigrant visa or "green card");

6. avoid using the words "work" or "employment" with regard to the U.S. location or company;

7. bear in mind that intentions may reasonably change after admission, and that status can be extended by petition to the USCIS through the mail. So, for example, it is perfectly legitimate to state at entry a desire to enter the U.S. for a 3 month period of time, but once admitted, petition the USCIS for an extension of stay for an additional six months; and

8. if applying for admission as a B-1 or WB visitor stating the intent to participate in an academic activity for which an honorarium payment will be awarded, have in hand a letter of invitation from the organization sponsoring the honorarium-related activity. The letter of invitation should clearly specify the honorarium-related event or activity and the date(s) and the location of the event. The letter must be produced for inspection if requested by an inspecting Service officer at the U.S. port-of-entry where the visitor is applying for admission.

Dependents of L-1 employees including spouse and unmarried children under the age of 21 are entitled to L-2 status accompanied by the same restrictions as the principal. While possessing L-2 status, dependents may be students in the U.S and L spouses may work pursuant to 8 CFR 274a.12(a)(18).

L-1 Blanket Petition

When companies need to transfer a number of foreign employees on short notice, the L-1 blanket petition provisions permit intracompany transferees to apply for L-1 visas directly at the U.S consular facilities abroad without the prior approval by USCIS of an individual petition. 8 CFR Sec. 214.2(l)(4). To be qualified as a Blanket L-1 petitioner, the petitioner must meet the following requirements:

• The petitioner and each of the qualifying entities are engaged in commercial trade or services;

• The petitioner has an office in the US that has been doing business for one year or more;

• The petitioner has three or more domestic and foreign branches, subsidiaries, or affiliates; and

• The petitioner and the other qualifying organization have obtained approval of petitions for at least 10 "L" managers, executives, or specialized knowledge professionals during the previous 12 months; or have U.S. subsidiaries or affiliates with combined annual sales of at least $25 million; or have a U.S. work force of at least 1,000 employees.  8 CFR Sec. 214.2(l)(4)(i).

Petitions for the “blanket L” visa are also made on Form I-129 with the evidence specified in the regulations. 8 CFR Sec. 214.2(l)(4)(iv). Approved L-1 blanket petitioners issue Form I-129S to potential transferees. The employee presents the original and two copies of the completed Form I-129S, along with three copies of Form I-797, Notice of Approval of Blanket L petition approval. 8 CFR Sec.214.2(l)(13)(ii). Eligibility for the transferee to receive the L-1 visa pursuant to the approved blanket petition is then determined by the consular official.

From L Visa to Green Card

People working in the U.S. on an L visa may apply for permanent legal residence status; those with an L1-A visa will be given priority over those with an L1-B.