Foreign nationals looking to enter the U.S. to participate in business activities need to obtain a B-1 visa. Filing for any type of visa can be complicated and time-sensitive, which is why you should work with our knowledgeable business immigration attorney. At Leaf, Ferreira, de Araujo, LLC we excel at facilitating the visa filing process and can provide you with the advice you need during this time.

Below are some common questions regarding Business (B-1) visas. Contact our firm for any further questions or concerns you have. We are here to help!

Am I eligible for a B-1 visa?
To be eligible you need to demonstrate that your trip is for legitimate business reasons. You must also plan to remain in the U.S. for a limited time, have sufficient funding for your trip, and have a place to live outside the U.S. that you do not intend on abandoning.

How long can I stay in the U.S.?
If you are eligible for admission, an immigration official will allow you to enter for up to one year in order to carry out your business matters. If you would like to remain longer, you will need to file Form I-539 Application to Extend/Change Nonimmigrant Status and submit the required documents to the United States Citizenship and Immigration Service (USCIS).

Can I live with my child who is studying in the U.S.?
You can use a B-1/B-2visa to visit them, but you may not live with them unless you have your own immigrant, work, or student visa past the extended time period.

What about the Visa Waiver Pilot Program?
Citizens of some countries do not need a visa if they enter with a return ticket to a country other than Canada, so long as they stay no more than 90 days in the U.S. Those under the waiver program are subject to the same conditions normal business visa holders are, except that they may not attempt to stay longer than the 90 days.

Can I collect an income while in the U.S.?
No; however, you may be able to conduct business on behalf of a foreign employer. In some cases you can also receive reimbursement from a U.S. source for any reasonable incidental expenses incurred while in the U.S.

How long will it take for my U.S. business visa application to be processed?
After your necessary documents have been compiled and sent in to the U.S. government, the length of time varies for each situation. Unfortunately, the review process can sometimes take several months. With an attorney by your side, you can ensure the process goes as efficiently as possible.

Am I responsible for the fees associated with my employees’ immigration processing?
You must first consider the type of visa that is required for your employee. PERM certification costs are paid by the employer, however other green card fees may be left to the employee.

If my foreign national employee has family, can they come to the U.S. with them?
Dependents are typically allowed into the U.S. with the aid of an H-4 visa.

What kinds of employment-based green cards are there?
There are five different categories of employment-based green cards. Each category has its own eligibility requirements. We can explain each category during our consultation and help you select the best option.

What is the difference between “business” and “work” visas?
Work visas are classified as those who will be in the country for more than three months, are performing technical services, and are receiving compensation from the host country. Business visas are for those who will be hosting meetings, attending conferences, or are conducting market research.

What is an H-1B visa?
H1-B visas is a non-immigrant visa allowing U.S. businesses to temporarily employ foreign national workers in an extremely specialized field. The specialty occupation has certain requirements that must be met.

What is the H1-B cap?
This cap refers to the annual limit placed on the amount of foreign nationals allowed to enter the U.S. to work through the H1-B visa. In the U.S., the cap is currently 65,000 H1-B visas per year.