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B1 Visa Rules

Individuals who enter the United States to conduct business require a B-1, or a “Visitor for Business” visa. These visas are usually issued along with a B-2, or a tourist visa. If an individual has an old but valid tourist visa, it could probably be used for a business trip. With a B-1 visa, business visitors are allowed to perform a variety of business related activities including conducting negotiations, soliciting sales or investments, making or discussing investments or purchases, attending meetings, hiring staff, and conducting research.

Listed below are a few questions answered by immigration lawyers on B-1 visas.

I lost my H-1B visa after I lost my job and am currently out of status. Can I apply for a B-1 visa while I look for new employment?

Unfortunately, since you are already out of status, you cannot apply for any visa now. You would need to leave the country immediately as the longer you reside here, the more unlawful presence you build up. If you stay in the country for 180 days out of status, you will be banned for three years to re-enter the U.S. Unfortunately, based on your facts right now, that you have overstayed at all will probably be used against you when you do apply for a non-immigrant visa in the future.

My B-1 visa and my I-94 arrival/departure card will expire in mid-May. How much time do I have before I am required to leave the country?

You would need to leave the country on the day your departure card expires. You could try and apply to extend your B-1 visa using USCIS I-539. But you need to file this before your visa expires. However, if your extension is denied, you could face the possibility of being denied a B-1 visa in the future.

Can a B-1 visa be converted into an H-1 B visa if the B-1 visa holder is already in the U.S. and holds a valid approval of the H-1B petition?

Yes. As long as the individual is staying in the U.S. legally, they should be able to change their status from B-1 to H-1B.

My brother’s B-1 visa was rejected thrice under section 214(b). One of the rejections was for re-applying on the same day as the first rejection. Since it is six years since he last applied, what are his chances if he applies all over again?

All the information regarding visa denials is stored in this database: http://travel.state.gov/visa/frvi/denials/denials_1361.html

One of the crucial things your brother would have to prove is strong ties to his home country. He would stand a good chance of being accepted if he can show proof of things that would bring him back to his home country. This could be factors like a good job he has had for a while that pays him well, property that cannot be easily disposed of, evidence of family in the form of a spouse or children that he can’t abandon, and so on. Therefore, while each case is different, the more proof he has, the better his chances are of getting the visa.

In certain circumstances, individuals may be able to get an employment-authorized B-1 visa where the work to be undertaken would normally need an H-1B visa. The B-1 in place of the H-1 visa usually takes 1-2 weeks to get and more supporting documentation would be required than for a regular B-1 visa. However, the rules regarding duration of stay and the extension of the visa would remain the same as a standard B-1 visa which is usually issued for six months.

Ask an Immigration Lawyer

Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: General
Satisfied Customers: 35169
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
9200179
Type Your Immigration Law Question Here...
characters left:
4 Immigration Lawyers are Online Now

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Immigration Lawyers are online & ready to help you now

Guillermo J. Senmartin, Esq.
Immigration Lawyer
Satisfied Customers: 30464
10+ years of experience in various aspects of U.S. Immigration Law.
Georgetown Lawyer
Immigration Lawyer
Satisfied Customers: 8543
10+ years of Immigration Experience in All Areas A-Z complex immigration cases & issues in all areas
Wilton A. Person
Immigration Lawyer
Satisfied Customers: 3550
Knowledgeable and experienced immigration lawyer.

Recent B1 Questions

  • Hello, I am not a US citizen and I have recently got married

    Hello,
    I am not a US citizen and I have recently got married to an active duty military member of US Air Force who currently serves in Germany. We have recently submit I-130 in Frankfurt.
    We are a same sex couple and we are not able to do command sponsorship for me to live with her in Germany yet. It is due to SOFA related obstacles caused by German authorities. Her station will be changing in a year and we will be choosing an overseas countries which provide command sponsorship for same sex couples as well as opposite sex couples. Since we can't live together in Germany yet, I have been working in Batumi, Georgia as a civil engineer for over a year now.
    My wife wants to go to the States with me to meet her family in the summer. Therefore, our plan is for me to apply for B2 visa (tourist visa if I am not wrong) here in Georgia, and then go meet her in Germany to fly to the states, stay in the States for 2 or 3 weeks and then go back to Germany together. Moreover, I will be coming back to Georgia to continue my employment until my wife PCSs. So there is absolutely no intent to immigrate to the States.
    My question is, while having I-130 pending, how likely is it for me to get a tourist visa to go meet my in-laws? How likely for me to get denied at the borders and send back? Will it help that my wife lives in Germany and we will be going to the states and coming back together?
    PS. I have been to the States during the summers of 2008, 2009 and 2010 with J-1 visa as a student and did not violate my visa duration.
    Thank you in advance.
  • How hard is it to get a waiver from the dept of homeland security

    How hard is it to get a waiver from the dept of homeland security for a conviction 11 years ago for sexual misconduct with a minor (15). I have been seeing a lady in Russia for a year and a half, 56/no dependent children and is aware of the conviction. Do I have any chance of getting a waiver for a K-1 visa or would my chances improve with a CR-! visa? I don't want to apply if it is just a waste of time and money.
  • Hello Judith, You mentioned filing a G-639 and requesting a

    Hello Judith, You mentioned filing a G-639 and requesting a copy of the approved I-140 petition in one your answers. I did file a G-639 and received a scanned copy of a 6-page document titled "Immigration Petition for Alien Workder" and "USCIS Form-140" with the letters "APPROVED" rubber stamped on it. Does this document qualify as an Approved I140 document? The reason I ask is, one of my friends received a "I-797 Notice of Action, Case Type: I-140" after his I-140 was approved. I was surprised USCIS didn't give me a copy of I-1797 when I filed G-639.
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