Visitors for Business (“W-B” or “B-1”)
- June 12, 2009
- Richard Newman
The visitor for business enters the United States under the Waiver for Business stamped in the passport and on the I-94 as “W-B”. The amount of time granted to remain in the United States cannot exceed 90 days, same as a visitor for pleasure or tourist (“W-T”).
If the visitor for business is granted an “B-1” visa stamp in their passport from the US Embassy or Consulate, they can be permitted to remain more than 90 days depending on the business reason and amount of time necessary for conducting their business in US as stated upon entry at the airport. However, immigration officers will usually grant 3 months initially. Business visitor can apply for extension of B-1 visa status if with the US Citizenship & Immigration Services. For business visitors who enter on the waiver W-B, extensions of stay are not permitted.
There are several reasons why a business visitor may enter the United States. In most cases, the business visitor is a representative of a foreign business coming to the United States to perform business on behalf of the foreign company. They must have a residence in the foreign country that they do not intend on abandoning, continue to be paid by the overseas company, and receive no income from a US source.
Allowable purposes for business visit:
•Market research
•Sales and contract negotiations for products which are produced outside the U.S.
•Sales exhibitions
•Conference, meeting, trade shows, etc. for scientific, educational, professional or business purpose. Cannot receive salary or income from US source.
•Business venture or seeking to invest. Can survey potential sites for business or to lease premises in US. But cannot remain in US to manage business on B-1.
•Service Engineers: can install, service or repair equipment or machinery sold by non-US company to a US buyer, when specifically required by purchase contract. Installation cannot include construction work, except for supervision or training of US workers to perform construction.
•Training: Can participate in training program not designed primarily to provide employment. Will receive no income from a US based company, other than expense allowance or reimbursement related to business visitor’s stay in US.
•Lecturer or speaker: No salary or income from US source, other than for expenses related to visit. Exception is honorarium for services conducted for benefit of institution with activities limited to 9 days for any one institution.
•Athletes: Receives no salary or income from US company, other than prize money for participation in tournament or sporting event. Can try-out for professional team, but cannot remain in US playing on US team.
•Athletes of foreign sports team coming to US to compete against another team.
For the W-B (or W-B) visa, if the visitor overstays the 90-days waiver, they are not permitted to use the waiver again. In which case, they must then apply for a visa at the American Embassy of Consulate.