Individuals who are coming to the U.S. on behalf of their foreign employer to attend business meetings, training sessions, or to take part in other non-productive activities are admissible as B-1 nonimmigrants. B-1 nonimmigrants are not allowed to be employed in the U.S.

B-1 nonimmigrants can be admitted for an initial period of up to six months, which is reflected on the Form I-94. They are allowed to file an extension of stay for up to an additional six-month period or an application to change their status to another nonimmigrant classification or immigrant status if they are so eligible.

The common factors for all visitors are that they are coming to the U.S. temporarily, they have a foreign residence abroad that they have no intention of abandoning, and they will not work or study in the U.S.

For B-1 business visitors, the list of permissible activities includes engaging in commercial transactions not involving gainful employment in the U.S. For example, taking sales orders or making purchases of inventory or supplies for a foreign Employer; negotiating contracts; consulting with business associates; engaging in litigation; or participating in scientific, educational, professional or business conventions or conferences are acceptable activities. B-1s cannot receive a salary or payment from any U.S. source other than reimbursement for expenses accrued.

In determining if an activity would be acceptable under the B-1 category, it is important to determine where the principal benefit of the activity would accrue. For example, an individual employed by a foreign Employer, entering the U.S. to consult on specifications for a project that will be carried out in her home country, and receiving a salary from her overseas Employer would most likely qualify as an acceptable B-1 entrance. However, an independent contractor entering from Canada to obtain contracts for software development projects that he will work on at home would not be an acceptable entry because this person is in essence setting up a U.S. business and receiving direct remuneration from a U.S. source even if he receives the payment at home. The activity in the U.S. must principally benefit the foreign Employer and as long as the actual work performed is outside the U.S., the foreign employee would be engaged in legitimate B-1 activities. In addition, there are highly specialized guidelines that USCIS and Department of State follow for other permissible B-1 activities, including structured training programs.

Due to the United States–Mexico–Canada Agreement (USMCA), Canadian citizens are also visa exempt. Many Canadian citizen visitors often times are “waived” through immigration and not issued a Form I-94. This can lead to problems in extending their stay and/or changing their status in the U.S. and it is generally safer to have the person simply return to Canada and reenter. Furthermore, the rules regarding B-1 activities for Canadian citizens are broader than those for other B-1 nonimmigrants although the remuneration and foreign residence abroad requirements remain the same as for other B-1 nonimmigrants.

The B-1/WB categories are generally useful for international corporations which require foreign employees to temporarily enter the U.S. for meetings, to scope projects, and/or to receive specialized short-term training. Employer clients will typically encounter B-2 and WT entries as they pertain to employee family members entering the U.S. to visit.

This information is intended for clients of Jackson & Hertogs only. This is not intended to provide legal advice to non-clients of this firm. Nor will we respond to inquiries from non-clients. You should seek your own legal counsel in these matters.