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B-1 or Not B-1? THAT is the question

It can be difficult for foreign workers, who wish to come to the United States for business purposes, to understand when a B-1 Business Visitor Visa is sufficient and when Work Authorization is required.  Working in the U.S. without the appropriate authorization can have life-long consequences.  Therefore, a careful analysis of the work to be completed in the U.S. should be undertaken before a decision is made as to the appropriate documentation that will be needed.  Additional information on qualifying for a B-1 or B-2 visa can be found below.
The chart, at the end of this article, provides an overview of key groupings of temporary business-related activities permitted on the B-1 Business Visitor visa.  If your business purposes do NOT fit within the descriptions below, you will most likely need a different type of visa.  If you are unsure whether or not you require actual work authorization for an upcoming business trip to the U.S., contact an immigration attorney for a review of your situation prior to your travel.

Qualifying for a Visa

Applicants for visitor visas must show that they qualify under provisions of the Immigration and Nationality Act. The presumption in the law is that every visitor visa applicant is an intending immigrant. Therefore, applicants for visitor visas must overcome this presumption by demonstrating that:
• The purpose of their trip is to enter the U.S. for business, pleasure, or medical treatment;
• They plan to remain for a specific, limited period; and
• They have a residence outside the U.S. as well as other binding ties which will insure their return abroad at the end of the visit.
Alien truck drivers may qualify for admission as B-1 visitors for business to pick up or deliver cargo traveling in the stream of international commerce.

Passing through a U.S. Port of Entry
Applicants should be aware that a visa does not guarantee entry into the United States. Immigration authorities have the power to deny admission, and determine the period for which the bearer of a visitor visa is authorized to remain in the United States.

At the port of entry, an Immigration Official must authorize the traveler's admission to the U.S. If
authorized, the Official will stamp the traveler's Form I-94, thereby indicating the length of stay permitted.  Those visitors who wish to stay beyond the time indicated on their Form I-94 must contact USCIS to request an extension of stay. The decision to grant or deny a request for extension of stay is made solely by USCIS.

Information courtesy of the U.S. Citizenship & Immigration Services and Berardi Immigration Law.

 Where to Turn
If you are unsure of whether or not you or your employee needs work authorization, contact an immigration attorney for analysis of your specific case.  

Berardi Immigration Law is a full-service immigration law firm offering a complete range of immigration services to both businesses and individuals.  Visit their website at www.berardiimmigrationlaw.com or contact them at 877/721-6100 to schedule a consultation