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B-1 Visas

Cupertino Business Immigration Attorney

Sometimes your business needs to help of a foreign expert, specialist, or industry leader for an upcoming project. If working through the United States Citizenship and Immigration Services (USCIS) H-1B visa regulations is going to be too time-consuming for the end result, you may want to consider using a B-1 visa, sometimes called the “B-1 in lieu of H-1B”. This visa can sidestep some of the hurdles of the immigration process by allowing only temporary stay in the country.

B-1 visas do not come without their own complications, though. If you need to file for one yourself, or you need to help a potential foreign employee for your tech firm, corporation, private business, etc. file for one, the Law Offices of Timothy D. Widman is here to help. Attorney Widman has more than 20 years of legal experience handling immigration law cases of all types and magnitude.

Contact the firm today to set up a case analysis.

B-1 Visa Requirements

As with any type of immigration visa, certain requirements must be met before someone can be approved for a B-1 visa. Failing to meet the requirements is not an automatic disqualification. In many instances, the USCIS only needs to see more information or evidence of eligibility and can reevaluate a petition for further review.

The three requirements for B-1 visa applicants are:

  • Temporary stay: B-1 nonimmigrant visas are not for permanent or extended stays within the country. An applicant must be able to prove that they are entering the United States for a particular amount of time, generally no more than 6 months. In addition to showing proof of a planned stay – a return ticket to a country of origin is a great example – an applicant must also show they will have sufficient funds to live during their stay. Any proof of employment may suffice.
  • Business-related: The limited stay granted by a B-1 visa must be to complete some sort of business objective that is necessary for an applicant’s business ventures. This can be to complete a project that requires specific skills the applicant possesses, or to start a new business. If the business-related objectives of an applicant’s visit are completed early, it may still be possible to stay within the country until the visa expires.
  • No U.S. salary: Persons accepted into the United States due to a B-1 visa are not permitted to collect salary from a US entity. Any wages earned during the stay should be sourced from the foreign company that sent the representative or specialist. In rare cases, this limitation may be waived, such as if the visa visitor was given minor reimbursements from a US-based company for personal expenditures during his or her stay.

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If your business is relying on a specialist to come help complete a project, you cannot put off their arrival any longer. Talk to Cupertino Immigration Attorney Widman about your legal options and the details of B-1 visa applications. During an initial consultation, you can determine what the next best step will be for your business.