US Business Visitors (B1)

Applying for a US visitor visa allows a foreign national to temporarily enter the USA in order to conduct a variety of business based activities, though not to engage in actual gainful employment.

B1 visas:

In America, immigration on a temporary basis through the B1 class, also known as a "Visitor for Business" visa, allows a candidate to enter the USA for a typical maximum duration of 6 months; however in most cases the total validity period of the B1 period is anywhere from 1 to 10 years during which time the bearer can make multiple trips to the United States.

Whilst applicants are prohibited from working in the USA, the following business related activities are permitted:

-  An applicant from a foreign branch of a US company may migrate to the USA to consult with the company.

- An applicant from a foreign-based company may come to the USA to manage sales/purchases and to negotiate contracts.

- Candidates may conduct market research, attend conferences seminars or conventions.

- Applicants may enter the US in order to make an investment or open a US branch of a foreign company. This extends to activities performed prior to starting a business, e.g. opening bank accounts and obtaining office space.

- Applicants who are professional athletes and who will not be earning a salary in the USA may enter on a B1.

Additional Information - B1 in lieu of H1B:

In limited circumstances a B1 visa may be granted "in lieu" of an H1-B. This may occur where the work in question would normally require an H1B visa but the applicant's salary is paid by a non-US source. Where visas of this kind are issued the requirements are:

- The work being undertaken must be H1-B level - a "speciality occupation".

- The applicant must be permanently employed and paid by a company outside the US

- The applicant must have a suitable relevant Bachelor's Degree, or higher, to undertake the work.

The Visa Waiver Pilot Program

The USA Visa Waiver Program allows nationals of participating countries to enter the United States for a period of up to ninety days without a visa, if they are in possession of a return ticket or a ticket to a subsequent destination, with the exception of Canada. Applicants entering the county through the Waiver program are subject to the same restrictions as those entering on a visitor visa. At present, the following countries participate in the program:

Andorra, Australia, Austria, Belgium, Brunei, Denmark, Finland, France, Germany, Iceland, Ireland, Italy, Japan, Liechtenstein, Luxembourg, Monaco, Netherlands, New Zealand, Norway, Portugal, San Marino, Singapore, Slovenia, Spain, Sweden, Switzerland, The United Kingdom.

Spouse immigration and Dependent Immigration:

In America, B1 visas are not regarded as potential routes to permanent residency or US citizenship; they are specifically designed for temporary visits to fulfil a pre-determined purpose. Spouses and dependents cannot obtain a "Dependant Visa" to accompany the principle holder, but they may be able to secure a B2 in order to do so. In cases where a B2 holder's dependents are applying to join the principle, they must qualify for and obtain their own grant.