If you’re planning to travel to the US for business, you will want to avoid any issues with gaining entry into the country.
Perhaps you already have meetings arranged, or conferences to attend or associates to meet. Or, if you have a past criminal conviction, you may be concerned about your eligibility to travel and be considering making a waiver application to support your visa petition. Having the correct permission to travel to the US will help avoid the cost, inconvenience and embarrassment of a failed visa application or being denied entry at the border.
US border officials have extensive discretionary powers to question travelers and refuse entry where they are not satisfied that travelers’ plans or intentions comply with immigration rules. This makes it vital to have the correct permission for the type of business activity you intend to carry out while in the US.
We take a brief look at some of the more common USA business travel visa options, but it’s important, given what is at stake professionally, to take advice on your circumstances.
Is there a US business visa?
There is no single visa officially called a “USA business visa.” Instead, foreign nationals seeking to visit the United States for business-related purposes must apply under one of several categories, depending on the nature and duration of their activity. It’s essential to select the right visa category and understand its conditions before traveling to the US for business purposes.
For short-term business visits, most travelers will need to apply for a B-1 visa, which allows temporary visits for business-related activities such as attending meetings, negotiating contracts or exploring investment opportunities. The visa does not permit employment or hands-on management of a US-based business, and applicants must show strong ties to their home country to prove they intend to return after their visit.
Travelers from countries participating in the Visa Waiver Program (VWP) may be eligible to enter the US without a visa by obtaining an ESTA (Electronic System for Travel Authorization) in advance. ESTA allows stays of up to 90 days for business or tourism.
For those looking to invest in or actively manage a business in the US, a more suitable option may be the E-2 Treaty Investor visa, which allows eligible nationals to enter the US based on a substantial investment in a US enterprise.
Other visa types, such as the L-1 or O-1, may apply depending on the circumstances.
Can I travel visa-free?
The Visa Waiver Program is available to citizens of VWP participating countries who meet specific eligibility criteria.
To travel under the VWP requires ESTA authorization to be granted before travel. This is a light-touch and lower-cost process compared with making a US visa application, making it more attractive to business travellers. However – there are strict restrictions on the type of activity that can be carried out while in the US under the VWP, and stay is limited to only 90 days. Traveling under the VWP where your planned activities are outside what are considered permissible activities is not advisable and risks breaking US immigration rules and issues with future immigration applications for travel to the US.
Notable exclusions include:
- Business travellers staying in the US for more than 90 days
- All forms of paid employment from US-based sources
- Intra-company transfers
- Traders
- Members of the foreign press
USA business visa options
If you’re ineligible to travel to the US visa-free, or if you want to stay in the US longer term for work or business, you will need to apply for a visa.
B1 business visa
The B-1 visa is the category for short term travel for business-related activities not involving gainful employment, where the VWP is not applicable.
The B-1 visa usually applies if you are a national of a country that does not participate in the Visa Waiver Program (VWP) or you have been denied ESTA authorization to travel under the VWP. For example, if the visit is intended for a duration of between 90 days and six months, or the traveller has been refused ESTA due to a criminal conviction or if the traveller is a national of a country that is not participating in the VWP.
To be eligible, you will need to evidence in your application to the US consular that you meet the B-1 visa requirements. The B1 visa is highly discretionary, and any application should be well prepared with supporting documents to evidence to the consular officer that the requirements are met and avoid a visa denial.
Permissible activities under the B-1 business visa include:
- Attending conferences, meetings, trade shows, etc. in a non-functional (i.e. no work duties) capacity
- Attending expositions or trade shows as an employee of a foreign company
- Surveying potential sites for a new business or lease
- Taking orders for goods which must be produced outside the United States
- Negotiating contracts
- Consulting with clients or business associates
- Litigating or attending court
- Undertaking independent research
- Act as a lecturer or speaker
- Service engineer activities for a foreign company that sells to U.S. customers
- Participating in a training program that is not designed primarily to provide employment
- Personal/domestic servants accompanying citizens returning to the US who temporarily or permanently reside in the US
- Personal/domestic servants of holders of certain visa classifications
- Professional athletes receiving only tournament winnings and no salary, eg golfers, tennis players
Conversely, a number of activities are prohibited under the B-1 visa. For such reasons for visit, take advice on alternative immigration options open to you in your circumstances.
The B-1 visa cannot be used for the purpose of obtaining and engaging in employment within the US.
Other USA business visas
If your planned activity sits outside the VWP or the B-1 business visitor visa, take advice on alternative immigration routes, which could include:
Intracompany transfers
If you are an employee of a non-US company looking to relocate to a US branch, subsidiary or affiliate on a temporary basis, the L-1 visa would be appropriate.
Business owners & investors
The E-2 visa is aimed at foreign entrepreneurs and investors looking to travel to the US to set up a business. Strict criteria apply to the nationality of the business owner(s), the amount of investment that must be made and projections around the future growth and profitability of the business, including job creation for US resident workers.
Traders
For nationals of E-1 treaty countries currently trading substantially with the US, the E-1 visa offers a temporary visa to come to the US to further that trade activity.
Members of the foreign press
Media professionals travelling on assignment should look at the I visa, taking advice on the eligibility of the type of content to be produced while in the US as this is a critical requirement of this category.
Need assistance?
If you’re planning to travel to the US for business, you will want to ensure you have the correct permission to travel, to avoid issues at the border.
Traveling under ESTA carries restrictions on business-related activities, while B visa applications are scrutinized to ensure the traveler is a genuine visitor and will leave the USA by the end of their visa’s validity.
For visitors, this makes it imperative to ensure the most appropriate immigration route is selected and any immigration application is comprehensive and supported by extensive supporting documents to evidence eligibility and compliance with the relevant visa category rules.
NNU Immigration specialize in US business visas. We advise employers, business owners and travelling employees on their visa options and guide them through the petitioning process to maximize prospects. We have extensive experience across all types of business and market sectors, and can support you in meeting your US immigration needs. Contact us for advice on any aspect of USA business visa applications.
Business visa FAQs
What is a USA business visa?
A USA business visa allows foreign nationals to enter the US temporarily for business-related activities that do not involve employment.
What are common types of business visas for the US?
The most common are the B-1 visa for short-term business visits and the E-2 visa for treaty investors.
Can I work in the US with a business visa?
The B-1 visa does not permit employment or direct labor for a US company; you would instead need to apply for the relevant work visa.
How long can I stay in the US with a B-1 visa?
Typically up to six months, though the exact period is determined by Customs and Border Protection at entry.
What activities are allowed on a B-1 visa?
Permitted activities include attending meetings, conferences, contract negotiations, and conducting market research.
Who is eligible for an E-2 investor visa?
Nationals of countries that have a treaty with the US who invest a substantial amount in a US business they actively manage.
Does the E-2 visa lead to a green card?
No. The E-2 is a nonimmigrant visa and does not provide a direct path to permanent residency.
Can I switch from a B-1 to an E-2 visa?
It may be possible to change status while in the US if eligibility requirements for the E-2 are met. Take advice on your specific circumstances.
How do I prove business intent for a visa?
You will need supporting documents such as an invitation letter, business plan, proof of funds, and travel itinerary.
What happens if I overstay a business visa in the US?
Overstaying can result in visa cancellation, future visa ineligibility, and potential bars on reentry to the US.
Glossary
| Term | Definition |
|---|---|
| USA Business Visa | A nonimmigrant visa that allows a foreign national to enter the US temporarily for business activities. |
| B-1 Visa | A temporary visa for individuals traveling to the US for short-term business purposes such as meetings or negotiations. |
| E-2 Visa | A treaty-based investor visa allowing foreign nationals to invest in and direct a business in the US. |
| Substantial Investment | A significant financial commitment made by a foreign investor into a US business under the E-2 visa rules. |
| Nonimmigrant Visa | A temporary visa category for individuals entering the US for a specific purpose and limited duration. |
| Business Activities | Permissible actions under a business visa such as attending meetings, negotiating contracts, or exploring investment opportunities. |
| USCIS | United States Citizenship and Immigration Services, the agency responsible for handling immigration and visa petitions. |
| Consular Processing | The procedure of applying for a visa through a US embassy or consulate outside the United States. |
| Change of Status | A request to switch from one nonimmigrant visa category to another without leaving the US. |
| Overstay | Remaining in the US beyond the period authorized by the Department of Homeland Security. |
Author
Founder & Principal Attorney Nita Nicole Upadhye is a recognized leader in the field of US business immigration law, (The Legal 500, Chambers & Partners, Who's Who Legal and AILA) and an experienced and trusted advisor to large multinational corporates through to SMEs. She provides strategic immigration advice and specialist application support to corporations and professionals, entrepreneurs, investors, artists, actors and athletes from across the globe to meet their US-bound talent mobility needs.
Nita is an active public speaker, thought leader, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals.
