- An applicant from a foreign branch of a US company may migrate to the USA to consult with the company.
- An applicant from a foreign-based company may come to the USA to manage sales/purchases and to negotiate contracts.
- Candidates may conduct market research, attend conferences seminars or conventions.
- Applicants may enter the US in order to make an investment or open a US branch of a foreign company. This extends to activities performed prior to starting a business, e.g. opening bank accounts and obtaining office space.
- Applicants who are professional athletes and who will not be earning a salary in the USA may enter on a B1.
- The work being undertaken must be H1-B level - a "speciality occupation".
- The applicant must be permanently employed and paid by a company outside the US
- The applicant must have a suitable relevant degree to undertake the work.
US Tourist Visa
As examples of the wide variety of
non-immigrant USA visas, the B1 tourist visa and B2 business visitor visa
are not intended as routes to gaining lawful permanent residence in the USA
through a Permanent Resident Card or US Green Card as it more commonly
known.
Immigrating to the USA or applying for an American visa to visit the United
States for a short-term period can be a complicated and lengthy process. The
structure of US visas for short-term visits, or non-immigrant visas for the
USA as they are collectively known is particularly complex with a wide range
of specific immigration services available. In addition, those wishing to
immigrate to the USA by applying for a US Green Card face a number of
different routes based upon family connections or pre-arranged offers of
employment. At Worldwide Visa Services( TNS) we can help you to make sense
of the USA immigration system, helping you to navigate the wide range of
options to ensure that you embark upon the most appropriate route for your
relocation to the USA. As a specialist immigration consultancy we can help
you to obtain American visas from an H1-B visa or L1 visa which function
like a UK work permit to an EB-2 visa for a USA Green Card. Our immigration
consultants can offer specialist US immigration lawyer advice and can manage
your visa application throughout the process, ensuring that you secure the
best American immigration option for your needs.
Benefits
The benefits of both B-1 visas and B-2 visas lie in the fact that as temporary immigration services they do not require applicants to have a pre-arranged job offer or to invest in the United States. Unlike permanent USA immigration routes such as the EB-3 visa and long-term non-immigrant visas such as H1-B visas and L1 visas, the B1 and B2 class of American visa do not require an employer to petition on behalf on the applicant and do not require a pre-arranged offer of employment. The need to secure a job offer is a key feature of US immigration and only in the case of the EB-1 visa and in some circumstances the EB-2 visa, may a candidate immigrate based upon skills and experience in a similar manner to the Highly Skilled migrant Programme or HSMP in the UK. Since B1 and B2 visa applications are not intended to enable candidates to live and work in the US, no such requirements are in place.
The B-1 can be particularly useful for those candidates who need to attend business meetings at short notice; Applicants may enter the country for the purposes outlined below on the understanding that they will return to their country of residence at the end of the grant of leave.
Eligibility:
B1 visas:
In America, immigration on a temporary basis through the B1 class, also known as a "visitor for Business" visa, allows a candidate to enter the USA for a maximum duration of one year. However, in practice, visas are granted according to the stated purpose of visiting on the application, and many are granted for less than a year. Whilst applicants are prohibited from working in the USA, the following business related activities are permitted:
B2 visas
In America, visas of this class are also
referred to as "visitor for pleasure" visas, although in practise this visa
service covers people entering the country for health reasons, visiting
relatives, and to participate in short study courses as well as those
entering as tourists.
B-2 visas are granted for six months and impose the same working
restrictions upon applicants as the B1 class. In some case this America visa
class may be extended by an additional six months however in both classes,
candidates must be able to demonstrate that their visit to the USA is
intended as a temporary one.
When applications are assessed considerable attention is paid to
demonstrable evidence that the applicant has no intention of giving up their
residence in their home country and that they have the intention and the
means to support themselves during their stay and to leave before or upon
the expiry of their US visa. An applicant's intention to continue residing
in their home country can be supported by evidence of family ties, property
ownership, employment or any evidence which suggests that an applicant is
irrevocably linked to their own country.
The Visa Waiver Pilot Program
The USA Visa Waiver Program allows
nationals of participating countries to enter the United States for a period
of up to ninety days without a visa, if they are in possession of a return
ticket or a ticket to a subsequent destination, with the exception of
Canada. Applicants entering the county through the Waiver program are
subject to the same restrictions as those entering on a travel visa of
either class. At present, the following countries participate in the
program.
Andorra, Australia, Austria, Belgium, Brunei, Denmark, Finland, France,
Germany, Iceland, Ireland, Italy, Japan, Liechtenstein, Luxembourg, Monaco,
Netherlands, New Zealand, Norway, Portugal, San Marino, Singapore, Slovenia,
Spain, Sweden, Switzerland, The United Kingdom.
Spouse immigration and Dependent Immigration:
In America, visa applications in either the B1 or B2 classes are not regarded as potential routes to permanent residency or US citizenship; they are specifically designed for temporary visits to fulfil a pre-determined purpose. Spouses and dependents cannot obtain a B1 visa to accompany the principle holder, but they may be able to secure a B2 in order to do so. In cases where a B2 holder's dependents are applying to join the principle, they must qualify for and obtain their own grant.
Additional Information - B1 in lieu of H1B:
In limited circumstances a B1 visa may be granted "in lieu" of an H1-B. This may occur where the work in question would normally require an H1B visa but the applicant's salary is paid by a non-US source. Where visas of this kind are issued the requirements are: