So what specific types of activities are acceptable?
The US Department of State has specifically stated in its Foreign Affairs Manual that the following conduct is permitted for business visitors:
- Activities of employees of a foreign employer to solicit sales, negotiate contracts, or take orders from customers. However, the Work should be performed outside the US.
- Activities representing foreign employers to procure goods or materials to use outside the US.
- Activities under service or sales contracts already undertaken by their company.
- Business consultation.
- Attending scientific, educational, professional, or business conventions, conferences, or seminars.
These are the most common types of permissible activities, but there are other ones. In fact, B-1 visas can even be used in lieu of H-1B and H-3 visas in very limited situations.
Will I be questioned by immigration officials about my visit?
Yes. Visitors can be questioned and required to show documentation that their activities are permitted. This evidence may be requested during the visa interview at the US Consulate and/or during the Customs and Border Protection (CBP) inspection at the time of entry. Even if a business visitor bears a B-1 visa stamp, a CBP officer will ask questions about the visit and assess whether the business visitors will be engaging in permitted conduct. Although the visitation rules and activities listed above may seem straight-forward, you should keep in mind that some are more difficult to prove than others. Examples of the types of evidence you may need include contracts, invitation letters, agendas, business plans, payment and payroll records, and other documentation. In the case of self-employed individuals working as freelancers, additional documentation may be needed. The officer will determine how long you may need to stay in the US, and will write the date you must depart the US in your passport. You
must depart the US before this date or must immediately consult a qualified immigration attorney if you can’t.
To recap, what are the dos and don’ts of business visitors to the US?
Do make sure you get a visa stamp if needed for your country.
Do be prepared to answer these questions about your trip for Visa and/or Customs officials:
- How long is the trip?
- What’s the purpose of the trip?
- Who is your employer?
- What will your function be during this trip?
- Where will you be staying?
- Who is paying for your trip?
Don’t forget to gather any documentary evidence to show the length and purpose of the trip.
Don’t engage in employment or perform any hands-on work or labor in the US.
Do make sure your business unquestionably falls within the above criteria for permissible activities or consult a qualified immigration attorney.
Finally,
do check the date you must depart the US as shown in your passport.
If you have any doubts or questions about what are permitted activities during business visits, please
contact us to discuss them.