How to Avoid Violating Your B1 Business Visa
Keep the letter from your employer., Review the list of eligible activities., Apply for a change of status., Consult an immigration attorney.
Step-by-Step Guide
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Step 1: Keep the letter from your employer.
When you applied for your B1 visa, your employer in your home country had to submit a letter to the USCIS that explained why you needed to travel to the U.S.
You should keep a copy of this letter with you at all times.This letter includes information regarding the reason for your travel and the types of activities you will be conducting while in the U.S.
Your letter also includes information related to your employment in your home country, and may include attachments to prove you are, for example, on a foreign company's payroll while you are traveling in the U.S.
If you plan to stay in the U.S. for more than 90 days, you also should carry documentation with you that proves your nonimmigrant intent in visiting the U.S. and your continued foreign residency and connections. -
Step 2: Review the list of eligible activities.
The USCIS provides a list of specific activities you are allowed to conduct while in the U.S. on a B1 business visa.
These are generally business-related activities in connection with your employment in your home country.Generally speaking, these activities include reviewing and signing a contract, meeting with clients of your employer, or activities related to a sales or manufacturing contract, such as inspecting or overseeing a facility.
Under no circumstances are you allowed to draw a salary or be directly employed by a U.S. company.
This can be a problem if, for example, you are a managerial employee of an international company and are visiting offices in the U.S.
In these circumstances, USCIS agents may consider you to be employed in the U.S. if you're staying for an extended period of time and an American is your direct supervisor. , If you are in the U.S. on a B1 visa and want to do something that isn't included on the list of eligible activities, you must apply for a change of status first.
You cannot begin the prohibited activity until your application is approved.For example, if you are in the U.S. on a B1 visa and want to take some university classes while you are here, you cannot do so until you've applied for an adjustment of status from business visa to student visa.
If you have a B1 visa, you'll use Form I-539 for an adjustment of status.
You can download this form from the USCIS website along with instructions.
Do not enroll in any courses at an American college or university until your application has been approved.
Otherwise, your enrollment will be considered a violation of your B1 business visa and your visa will immediately become void. , If you have any questions or concerns about activities you're conducting – or need to conduct – while you're in the U.S., an experienced immigration attorney can help you evaluate your circumstances.If you're unfamiliar with immigration attorneys, you might ask business associates for a recommendation – particularly those from your home country who have immigrated to the United States.
You also might consider talking to anyone who helped you with the process of applying for your B1 visa.
This is an especially good option if your employer has an international travel department that worked on getting your visa to travel to the U.S.
Most immigration attorneys provide a free initial consultation, so you can use that time to figure out your options and decide what your next steps need to be. -
Step 3: Apply for a change of status.
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Step 4: Consult an immigration attorney.
Detailed Guide
When you applied for your B1 visa, your employer in your home country had to submit a letter to the USCIS that explained why you needed to travel to the U.S.
You should keep a copy of this letter with you at all times.This letter includes information regarding the reason for your travel and the types of activities you will be conducting while in the U.S.
Your letter also includes information related to your employment in your home country, and may include attachments to prove you are, for example, on a foreign company's payroll while you are traveling in the U.S.
If you plan to stay in the U.S. for more than 90 days, you also should carry documentation with you that proves your nonimmigrant intent in visiting the U.S. and your continued foreign residency and connections.
The USCIS provides a list of specific activities you are allowed to conduct while in the U.S. on a B1 business visa.
These are generally business-related activities in connection with your employment in your home country.Generally speaking, these activities include reviewing and signing a contract, meeting with clients of your employer, or activities related to a sales or manufacturing contract, such as inspecting or overseeing a facility.
Under no circumstances are you allowed to draw a salary or be directly employed by a U.S. company.
This can be a problem if, for example, you are a managerial employee of an international company and are visiting offices in the U.S.
In these circumstances, USCIS agents may consider you to be employed in the U.S. if you're staying for an extended period of time and an American is your direct supervisor. , If you are in the U.S. on a B1 visa and want to do something that isn't included on the list of eligible activities, you must apply for a change of status first.
You cannot begin the prohibited activity until your application is approved.For example, if you are in the U.S. on a B1 visa and want to take some university classes while you are here, you cannot do so until you've applied for an adjustment of status from business visa to student visa.
If you have a B1 visa, you'll use Form I-539 for an adjustment of status.
You can download this form from the USCIS website along with instructions.
Do not enroll in any courses at an American college or university until your application has been approved.
Otherwise, your enrollment will be considered a violation of your B1 business visa and your visa will immediately become void. , If you have any questions or concerns about activities you're conducting – or need to conduct – while you're in the U.S., an experienced immigration attorney can help you evaluate your circumstances.If you're unfamiliar with immigration attorneys, you might ask business associates for a recommendation – particularly those from your home country who have immigrated to the United States.
You also might consider talking to anyone who helped you with the process of applying for your B1 visa.
This is an especially good option if your employer has an international travel department that worked on getting your visa to travel to the U.S.
Most immigration attorneys provide a free initial consultation, so you can use that time to figure out your options and decide what your next steps need to be.
About the Author
Andrew Webb
A passionate writer with expertise in crafts topics. Loves sharing practical knowledge.
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