The presumption in law is that every visitor visa applicant is an intending immigrant. Therefore, applicants for B-1 visas must overcome this presumption by demonstrating that:
- The purpose of their trip is to enter the U.S. for business;
- That they plan to remain for a specific, limited period;
- Evidence of funds to cover expenses for the trip including all travel, accommodation and living expenses during their stay in the U.S. In case of insufficient financial resources to fund the trip, to provide evidence that his or her employer will provide support;
- Evidence of compelling social and economic ties abroad, that the alien has a residence outside the U.S. as well as other binding ties which will ensure his or her return abroad at the end of the visit, and that the alien has a foreign residence that he or she has no intention of abandoning;
- That the alien is not engaged in skilled or unskilled labor, study, or work as a representative of foreign press, radio, film, or other information media; and
- The alien must not be coming to the U.S. to provide services or engage in business activities that are primarily for the benefit of a U.S. employer.
B1 visa is available to visitors coming temporarily to the U.S. to engage in legitimate business activities of a commercial or professional nature. These visa holders may not receive a salary, compensation, etc. from any U.S. source except for reimbursement of incidental travel expenses only.
The list of permissible activities under B1 includes engaging in commercial transactions not involving gainful employment, such as 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.
The most common specialized activities include persons coming:
- To serve as a personal or domestic servant for a non-immigrant who is on a temporary assignment in the United States, for a U.S. citizen who is subject to international transfers and is in the U.S temporarily, or a U.S. citizen who visits temporarily to the United States but has a residence abroad;
- To participate in an athletic event as a professional athlete who gets remuneration only in the form of any prize money won by the athlete;
- To participate in a voluntary service program which benefits a U.S. local community, who establish that they are a member of, and have a commitment to, a particular recognized religious or nonprofit charitable organization;
- To install, service, or repair, or train U.S. workers to install, service, or repair, equipment or machinery purchased outside of the United States;
- For the purpose of business, which may include conducting negotiations, soliciting sales or investment, and interviewing and hiring staff;
- To perform professional duties that would normally qualify the person for H-1 status except that the alien would not receive any remuneration from a U.S. source;
- To explore the possibilities of setting up subsidiary of a foreign corporation, or to make investments;
- To participate in scientific, educational, professional, or business conventions, conferences or seminars or to conduct research;
- To perform duties including attending board meetings as a member of the board of directors of a U.S. company.