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 he B-1 visa is a temporary visa issued by the US Consulate to visitors who need to enter the US for a temporary period to conduct "legitimate business" activities. In common parlance, the word business is often substituted for employment. The INS, however, does not regard the two terms as synonymous and maintains a rigid and, at times, a rather arbitrary distinction between the two. Permissible business activities, within the ambit of the INS definition, constitute commercial transactions such as taking orders for goods manufactured abroad, negotiating contracts, consulting with business associates, selling buying and investing in property, installing software on the client's work location, participating in scientific, educational, professional or business conventions, conferences or seminars or undertaking independent research etc. The definition excludes ordinary labour for hire i.e. the temporary visitor must not receive payment or a salary from the US employer for services rendered and must have a source of income outside the US. Business visitors are, however, entitled to receive travel reimbursements or a daily allowance from the US firm.
In a bid to facilitate business relations between India and the US, the US Consulate, Chennai has introduced the Business Express Program for companies who regularly need to send employees on business visits. Certain select companies, which meet very rigorous criteria and have been previously pre-screened and approved by the Consulate's Commercial Section, may use agents to process their employees' cases without a personal interview. Please check with the human resource department of your company whether your case meets the guidelines for submission as a "Business Express" case. Individuals who are self employed or who work in companies that do not subscribe to the Business Express program will have to apply in person and attend the interview. The article aims to help such applicants by familiarising them with the process involved in obtaining the B-1 visa.
 Eligibility for B-1 visa: Apart from the general requirements for being admissible to the US, applicants must meet the following criterion:
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The applicant must be practicing a legitimate activity of a commercial or professional nature.
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The applicant must have the principal place of business and actual accrual of profits predominantly in the home country.
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The applicant must be able to prove an intent and legal ability to continue in his native residence.
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The applicant must have a salary outside the US.
How to apply:Applicants, who meet the above-mentioned criterion, must apply and complete an application called Form O-156. This form is available at all US Consular Offices or can be downloaded from the aforementioned link.
The Application Form: The lack of an upper limit on the number of B-1 visas to be granted by US Consulates every year exposes them to abuse. Many people use the B-1 route to permanently immigrate to the US. Therefore, the US Consulate works with an underlying assumption that B-1 applicants intend to permanently immigrate to the US. The onus of overcoming this presumption by demonstrating that they are properly classifiable as business visitors under US law and have no intention to immigrate rests with the applicants.
Certain questions printed in Form O-156 intend to uncover any covert intentions on the applicant's part to permanently immigrate to the US. Applicants must exercise care in answering these questions. Sample answers to certain questions are given below.
Question 9: of Form O-156 asks for the applicant's home address. One of the requirements of the visitor visa is that the applicant has a permanent residence outside the US. This does not mean that one must own a home, but it means that one does not intend to abandon one's current residence and move to US.
Question 17: Do you plan to work in the US? Do not be confused. The Consulate is, in effect, questioning the applicant on whether he or she intends to do local work for a US business. Visitors may not do such work. But
if you plan a business trip for your current employer or business and will be continued to paid outside the
US, this does not constitute working in the US, as the visa form sees this term. The applicant's answer must be a square NO.
Question 20: Who will furnish financial support? The applicant may say my current employer or myself, depending on the nature of the case. Applicants must be prepared to show proof that they will not work in the US. The evidence could comprise and invites from the US company detailing the nature of the business.
Question 23: What is the purpose of the trip? Answer briefly such as business trip. Applicants should have proof of their specific plans such as a letter from the employer or client, describing the trip, a letter of business from the US etc.
Question 24: How long do you plan to stay? Answer with a definitive time period such as two weeks, three weeks etc.
Question 26a: Have you or anyone acting for you ever indicated to a US Consular or an immigration employee a desire to immigrate? Your answer must be a clear
NO.
Documents needed for stamping: Apart from the application form, the applicant needs to approach the US Consulate with certain other documents. As the purpose of the trip is to enter the US for business, applicants must, therefore, carry documents which provide proof of the purpose of the business trip and demonstrate an intent to return to an unabandoned foreign residence. Such proof could constitute:
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Incorporation documents and business license(s).
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Tax statements for the last 2 years.
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Bank transaction statements detailing all deposits and withdrawals for the last six months,
including the applicant's personal and company accounts, along with evidence that you have the authority to draw on the company accounts.
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Exchanges of correspondence with US purchasers, suppliers or contacts.
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The proposed business itinerary of the candidate, Recent contracts, bills of lading or other documentary evidence of recent imports and exports of purchases.
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Any evidence of arrangements for lodging and appointments already made in the US in preparation for your tip.
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Any copies of recent advertising brochures or publications.
Other documents needed for B-1 visas: Apart from furnishing proof that applicants truly intend to return to the home country, B-1 applicants must supply:
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Completed application form
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Passport valid for at least six months beyond the applicant's intended period of stay.
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One colored photograph 1-1/2 inches square (37 x 37 mm) showing full face, without head covering, against a light background. The applicant's signature must appear on the reverse side of the photograph.
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Evidence substantiating the purpose of the trip, intent to depart the US after a temporary visit, and arrangements made to cover the costs of stay in the United States and return to India.
B-1 visa applicants are, usually, interviewed by the Consular Officer to determine their true intent. The questions could range from the nature of the business trip, the companies with which the applicant intends to do business, to the client's profile etc. The applicant must answer the questions succinctly and honestly. Read article Stop B******* about the US Consulate to avoid obvious glitches during the interview.
Once the Consulate is satisfied with the authenticity of the application, it will stamp the visa. The visas will be issued to the candidate for a specific time period in which they can visit the States. For instance, if the duration is six months, it indicates that the applicant may enter the US any time during the six months.
Port of entry: Applicants should be aware that a visa does not guarantee entry into the United States. The US Immigration and Naturalisation Service has the authority to deny admission to an applicant, even if the Consular Officer stamps the visa. The period for which the bearer of a visitor visa is authorised to remain in the United States is determined by the INS, not the Consular Officer. At the port of entry, an INS official must authorise the traveler's admission to the US by issuing Form I-94, record of arrival-departure, which notes the length of the stay permitted. Visitors, who wish to stay beyond the time indicated on their Form I-94, must contact the INS to request Form I-539, Application to Extend Status. The decision to grant or deny a request for extension of stay is made by the INS.
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