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B-1 Visa, Temporary Business Visitor

Overview: B-1 visa is is a non-immigrant visa which allows foreigners to participate in business activities of a commercial or professional nature in the United States

If the foreigner is in the United States in another valid non-immigrant status, he or she may be eligible to change to B-1 status with filing a Form I-539, Application to Extend/Change Nonimmigrant Status.

Family: Spouse and children are not eligible to obtain a dependent visa. They must apply separately for a B-2 visa.

Period of Stay: initial stay of one to six months, request extension of 6 months, generally maximum stay time is 1 year

Green Card intent: Dual intent is not permitted.

Visa Statistics:
In fiscal year 2010, USCIS received 59,868 applications for B-1 visa, approved 44,197, denied 15,671, waived or overcome 8,709. USCIS also received 4,441,364 applications for B1/B2 combined visa, approved 3,278,782, refused 1,162,582, waived or overcome 304,488.

Business Activities for B-1 Visa
  1. Consulting with business associates
  2. Traveling for a scientific, educational, professional or business convention, or a conference on specific dates
  3. Settling an estate
  4. Negotiating a contract
  5. Participating in short-term training
  6. Transiting through the United States: certain persons may transit the United States with a B-1 visa
  7. Deadheading: certain air crewmen may enter the United States as deadhead crew with a B-1 visa

B-1 Visa Eligibility Criteria
  1. The purpose of your trip is to enter the United States for business of a legitimate nature
  2. Applicant plans to remain for a specific limited period of time
  3. Applicant has the funds to cover the expenses of the trip and your stay in the United States
  4. Applicant has a residence outside the United States in which you have no intention of abandoning, as well as other binding ties which will ensure your return abroad at the end of the visit
  5. Applicant is otherwise admissible to the United States

Employment Authorization Document(EAD)
The following types of B-1 business visitors require employment authorization:
  1. A personal or domestic servant who is accompanying or following to join an employer who seeks admission into, or is already in, the United States in a B, E, F, H, I, J, L, or TN nonimmigrant classification.
  2. A domestic servant of a U.S. citizen accompanying or following to join his or her U.S. citizen employer who has a permanent home or is stationed in a foreign country, and who is temporarily visiting the United States.
  3. An employee of a foreign airline engaged in international transportation of passengers freight, whose position with the foreign airline would otherwise entitle the employee to treaty trader nonimmigrant classification (E-1) and who is precluded from such classification solely because the employee is not a national of the country of the airline's nationality or because there is no treaty of commerce and navigation in effect between the United States and the country of the airline's nationality.
Before you may commence employment in any of the above three activities, you will need to file Form I-765, Application for Employment Authorization.

Qualification for Employment Authorization Document(EAD)
All applicants for a B-1 visa or admission as a B-1 business visitor as a personal or domestic servant described above must demonstrate the following:
  1. Applicant has a residence abroad in which you have no intention of abandoning
  2. Applicant hasat least 1 year of experience as a personal or domestic servant
  3. Applicant has been employed abroad by your employer for at least 1 year prior to the employer’s admission into the United States or if you have been employed abroad by the employer for less than 1year, the employer must show that while abroad, he or she has regularly employed a domestic servant in the same capacity as that intended for your employment

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