The United States is a leading destination for international business. Each year, thousands of foreign nationals travel to the US to attend business meetings, negotiate contracts, or participate in conferences. To regulate these short-term business visits, US immigration law sets out several visa routes and exemptions.
For most applicants, the standard option is the B-1 Business Visitor Visa, which permits a stay in the US for temporary business purposes. Nationals of certain countries, however, may qualify to travel under the Visa Waiver Program (VWP) instead, provided they obtain prior electronic travel authorization through the ESTA system. Citizens of Canada and Bermuda benefit from additional exemptions, though in some cases a visa may still be required depending on the activity.
What this article is about: This guide explains the main options for travelling to the United States for business, focusing on the B-1 Business Visitor Visa, the Visa Waiver Program, and exemptions for Canadian and Bermudian citizens. It covers the application process, fees, required documentation, and key compliance points to help business travellers and companies understand the legal framework before arranging travel.
Section A: Visitor Visa B (Business Travel)
Foreign nationals who are not eligible to travel under the Visa Waiver Program will usually need to apply for a B-1 Business Visitor Visa if they intend to visit the United States for short-term business purposes. The B-1 visa is a non-immigrant visa designed specifically for temporary activities. It does not permit paid employment or long-term residence, but it does allow travellers to conduct business meetings, attend conferences, and undertake other limited commercial tasks.
1. Overview
The B-1 visa is used when a foreign national plans to travel to the United States temporarily for legitimate business purposes. Examples of permitted activities include:
- Attending business meetings or consultations
- Participating in scientific, educational, professional, or business conventions or conferences
- Negotiating contracts
- Undertaking short-term training that does not involve productive work
Holders of a B-1 visa are not allowed to take paid employment in the United States, nor can they engage in long-term studies, perform skilled or unskilled labour, or run a business. The visa is strictly for temporary visits where the individual will return to their home country after completing their business.
2. How to Apply
The application process for a B-1 visa involves several steps:
- Complete the DS-160 form online, the standard non-immigrant visa application form
- Pay the required visa fee and retain the receipt
- Schedule an appointment at a US embassy or consulate in the applicant’s home country
- Attend a visa interview, bringing supporting documents
At the visa appointment, biometric information such as fingerprints will also be taken. During the interview, applicants must demonstrate their intention to travel temporarily, their ability to fund the trip, and that they have ties to their home country which will ensure their return.
3. Fees
The B-1 visa application involves a non-refundable application fee, which is currently set at US$185. Depending on the applicant’s nationality, additional reciprocity fees may apply. These are based on the principle of mutual visa arrangements between the US and the applicant’s country of citizenship, and can be checked on the US State Department reciprocity schedule.
4. Required Documentation
Applicants must provide:
- A valid passport with at least six months’ validity beyond the intended stay
- DS-160 confirmation page
- Visa application fee receipt
- A passport-sized photograph that meets US visa photo requirements
- Supporting evidence of the business purpose, such as an invitation letter from a US company, conference registration, or details of planned meetings
- Proof of sufficient financial means to support themselves during their stay
- Evidence of strong ties to their home country, such as employment contracts, property ownership, or family connections
Additional documents may be requested at the discretion of the consular officer, depending on the applicant’s circumstances.
Section Summary
The B-1 Business Visitor Visa remains the primary route for foreign nationals travelling to the US for short-term business purposes who are not eligible under the Visa Waiver Program. While the application process involves formal steps, including completing the DS-160 form and attending a consular interview, successful applicants are granted permission to engage in a wide range of legitimate business activities. However, the visa does not allow employment or residence, and applicants must be able to demonstrate clear evidence of their temporary intent.
Section B: Visa Waiver Program (VWP)
For nationals of certain countries, travelling to the United States for temporary business purposes can be done without obtaining a visa. This is possible through the Visa Waiver Program (VWP), which allows eligible individuals to enter the US for up to 90 days for business or tourism without applying for a B-1 visa.
The VWP is intended to simplify travel for nationals of participating countries, provided they meet the conditions of the programme and secure electronic authorisation before travelling.
1. Overview
The Visa Waiver Program enables nationals of approved countries to visit the US without a visa for up to 90 days. Permitted business activities under the VWP mirror those of the B-1 visa, such as attending meetings, conferences, or contract negotiations. Travellers cannot take employment, enrol in long-term study, or overstay the 90-day limit.
Unlike the B-1 visa, the VWP does not require a formal consular application. Instead, travellers must apply online for electronic authorisation prior to travel.
2. Participating Countries
The programme is open only to nationals of countries designated by the US government as participants. The list includes most European Union member states, the United Kingdom, Australia, Japan, South Korea, and several others. Only citizens of those countries may apply, and eligibility is tied to nationality, not residency.
3. ESTA Application
Before travelling under the VWP, applicants must obtain an Electronic System for Travel Authorization (ESTA) approval. The ESTA is an online system that screens travellers for security risks.
The process involves completing an online form, paying a fee, and receiving approval confirmation. While most ESTA approvals are granted quickly, applicants are advised to apply at least 72 hours before travel. ESTA approval is generally valid for two years or until the traveller’s passport expires, whichever comes first. It must still be valid at the time of entry, even if it expires during the stay. Importantly, ESTA approval does not guarantee admission — the final decision rests with US Customs and Border Protection (CBP) at the port of entry.
4. Passport Requirements
To qualify under the VWP, travellers must hold an e-passport with an embedded electronic chip. Passports must also be valid for at least six months beyond the intended stay in the United States. Without a compliant e-passport, even nationals of participating countries must apply for a B-1 visa instead.
Section Summary
The Visa Waiver Program offers an efficient alternative to the B-1 visa for business travellers from approved countries. With ESTA authorisation and a valid e-passport, eligible individuals can travel to the US for short-term business visits without a visa. However, the programme is limited to 90-day stays and carries strict compl
Section C: Canadian & Bermudian Citizens
Citizens of Canada and Bermuda benefit from distinct immigration arrangements with the United States. In most cases, they do not need to apply for a visa to enter the US for temporary business purposes. However, there are important exceptions where a visa is still required depending on the type of activity.
These exemptions simplify cross-border business travel but should not be assumed to apply universally. Travellers must check the specific rules that apply to their planned activities to avoid compliance issues at the port of entry.
1. Visa Exemptions
Canadian and Bermudian citizens generally do not require a B-1 visa to travel to the US for business meetings, consultations, conferences, or other short-term commercial visits. They may usually present themselves at a US port of entry with their valid passport and explain the business purpose of their trip.
This exemption extends to many routine business activities, making travel between the US, Canada, and Bermuda more straightforward than for other foreign nationals. Canadian citizens also do not require ESTA authorisation, while Bermudian citizens are exempt from visa requirements for many short-term visits but are not covered by the Visa Waiver Program.
2. Exceptions
Despite these broad exemptions, there are circumstances where a visa is required. For example:
- Travelling to the US for employment purposes, even on a temporary basis
- Entering the US as a treaty trader or investor under the E visa category
- Entering under specialised work or immigration routes that fall outside the business visitor category
Section Summary
While Canadian and Bermudian citizens are usually exempt from the need to obtain a B-1 visa for short-term business visits, there are exceptions where a visa is required. Canadian travellers benefit from the most extensive exemptions, while Bermudian travellers must take care to ensure their activities fall within the permitted scope. Understanding these distinctions helps travellers ensure smooth entry and avoid being turned away at the border.
FAQs
What activities are allowed on a B-1 Business Visitor Visa?
Permitted activities include attending business meetings, negotiating contracts, participating in professional or academic conferences, and receiving short-term training that does not involve productive work. The visa does not permit employment, long-term study, running a business, or performing skilled or unskilled labour.
Can I be paid while in the US on a business visa?
No. B-1 visa holders are not allowed to receive payment from a US source for services rendered. They may, however, receive reimbursement for incidental expenses such as travel, accommodation, or meals related to their business visit.
How long can I stay in the US with a business visa?
A B-1 visa may be issued for different validity periods depending on nationality, but the maximum stay per visit is typically up to six months, subject to approval by US Customs and Border Protection at the port of entry.
Do I need an ESTA if I have a valid B-1 visa?
No. ESTA is only required for nationals of Visa Waiver Program countries travelling without a visa. If you already hold a valid B-1 visa, you do not need ESTA authorisation.
What happens if I overstay a business visa or ESTA?
Overstaying can result in serious immigration consequences, including being barred from re-entry to the United States, visa cancellations, and difficulties obtaining future visas. Even a short overstay can disqualify travellers from future use of the Visa Waiver Program, making careful compliance with authorised stay periods critical.
Conclusion
The United States provides several pathways for foreign nationals to undertake temporary business visits. The B-1 Business Visitor Visa remains the standard option for those who are not eligible for visa-free travel, offering permission to attend meetings, conferences, and negotiations, but without the right to work or reside long term.
For nationals of designated countries, the Visa Waiver Program provides a streamlined alternative, allowing travel for up to 90 days with prior ESTA authorisation. Canadian and Bermudian citizens enjoy additional exemptions, although they must still check whether their specific activities require a visa.
For business travellers, the critical factor is determining the correct route based on nationality, purpose of travel, and supporting documentation. Careful compliance with visa or waiver conditions ensures smooth entry to the US and avoids the risk of penalties or re-entry restrictions.
Glossary
| Term | Definition |
|---|---|
| B-1 Visa | A non-immigrant visa allowing foreign nationals to travel to the US temporarily for legitimate business purposes such as meetings or conferences. |
| Visa Waiver Program (VWP) | A programme allowing nationals of designated countries to enter the US without a visa for up to 90 days for business or tourism. |
| ESTA | Electronic System for Travel Authorization, an online approval required for travellers entering under the Visa Waiver Program. Must be valid at the time of entry. |
| DS-160 | The Online Non-immigrant Visa Application form used for most US temporary visa categories, including the B-1. |
| Reciprocity Fees | Additional fees charged to applicants of certain nationalities based on reciprocal visa arrangements with the United States, published on the State Department reciprocity schedule. |
Useful Links
| Resource | Link |
|---|---|
| B-1 Business Visitor Visa Guidance | Travel.State.Gov |
| Visa Waiver Program Overview | Travel.State.Gov |
| ESTA Application | Official ESTA Site |
| DS-160 Online Application Form | Consular Electronic Application Center |
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.