Are You Eligible to Work in the U.S. as a Temporary Business Visitor – B-1 Visa?
There are a number of activities which the USCIS views as acceptable to be considered for the B-1 Temporary Business Visitor Visa. Activities which make one eligible for the B-1 Visa include acting as a consultant with business associates, conducting travel for either an educational, professional, scientific purpose or a conference/convention on a specific date. One may also be eligible for a B-1 Visa if working on the settling of an estate in the U.S., or if involved in contract negotiation. Even short term training in the U.S. may make one eligible for the B-1 Temporary Business Visa.
How Do I Become Eligible for the B-1 Temporary Business Visa?
As with all Visa seekers, the petitioner seeking entry into the U.S. must meet very specific criteria. First, a petitioner must be sure to demonstrate that the trip into the U.S. is for a business which has a legitimate purpose. Here, legitimate purpose implies that the business one is working with in the U.S. is not for an illegal or otherwise trumped up purpose; the business must be solid, with roots in the U.S. to begin with, and performing actual work here in the United States. Your plan to visit the U.S. must also indicate a plan to stay within the U.S. for a specific amount of time. It would be insufficient, when applying for a B-1 Visa for example, to state that you aren’t sure when you would need to leave the U.S..
In addition to limiting your time in the U.S. and coming to the U.S. to work with a business which has been established for a legitimate purpose, you must also have proof of the financial capital available to cover all expenses of the trip over the period of time you will remain in the United States. Further, you will declare in your application for the B-1 Visa that you reside outside of the U.S., and that your intention is to return to this residence when your work in the U.S. is complete. This last point is best buffered by proof of your ties to your country of origin, for example, immediate family members who reside in your home country, or other property, and/or employment waiting for you when you return to your home country.
How Long Will the U.S. Allow Me to Stay on My B-1 Visa?
The initial period of stay for a B-1 Visa is 1-6 months, eligible for extension up to six months, generally. Application for extensions to the initially approved six-month period of the B-1 Temporary Business Visitor Visa is achieved by completing a Form I-539, the Application to Extend/Change Nonimmigrant Status, as well as any supplementary supporting documentation required to be filed along with the I-539.
Can My Family Enter the U.S. with Me Under My B-1 Visa?
No, at least not directly under the B-1 Visa as dependents (for spouses and children of the B-1 Visa applicant). However, it may be possible for your spouse or dependents not eligible for a dependent visa to gain entry into the U.S. under the B-2 Visa which requires a separate application.
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