The U.S. Department of State has released updated information outlining the allowable uses for B-1 business visitor visas, clarifying the activities permitted under this visa category.
According to the fact sheet, individuals who are eligible for a B-1 visa may enter the United States for certain business purposes, as long as they do not engage in skilled or unskilled labor. The Department notes that "engaging in business using a B-1 visa generally entails business activities other than the performance of skilled or unskilled labor. Thus, the issuance of a B-1 visa is not appropriate for applicants who intend to obtain and engage in labor while in the United States." Those seeking to perform work outside these guidelines are advised to apply for a more suitable petition-based work visa.
Permitted activities under the B-1 classification include commercial transactions that do not involve gainful employment within the United States, contract negotiations, consultations with business associates, litigation, participation in conventions or seminars related to science, education, professions or business, and independent research.
Certain professionals may also qualify for a B-1 visa if their employment is incidental to their professional activity. This includes members of religious groups, participants in voluntary service programs, board members of U.S. corporations, professional athletes and their essential personnel, yacht crewmen and coasting officers, investors seeking investment opportunities in the United States, equestrian sports participants, those traveling to or transiting through the Outer Continental Shelf (OCS), and participants in international sporting events.
Additional qualifying activities include installing or servicing commercial equipment purchased from foreign companies—provided that such services are stipulated by contract and require unique expertise—and training U.S. workers on such equipment. However, this does not extend to building or construction work unless it involves only supervision or training without direct participation.
Other roles that may be classifiable as B-1 include foreign airline employees, those undertaking clerkships (without patient care), Peace Corps volunteer trainers and participants involved in international fairs or expositions.
The Department emphasizes that “a nonimmigrant in B-1 status may not receive a salary from a U.S. source for services rendered in connection with their activities in the United States.” However, reimbursement for reasonable incidental expenses such as travel and living costs is allowed but must not exceed actual expenses incurred during their temporary stay.
Further details on eligibility requirements can be found through resources provided by U.S. Citizenship and Immigration Services at https://www.uscis.gov/working-in-the-united-states/temporary-visitors-for-business/b-1-temporary-business-visitor as well as official guidance from the Department of State at https://travel.state.gov/content/travel/en/us-visas/tourism-visit/visitor.html and policy documentation at https://fam.state.gov/fam/09fam/09fam040202.html.