The Limits of "Business" on B-1 Visas
Date of Information: 09/29/2025
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Introduction
The B-1 visa is designed for foreign nationals entering the United States temporarily for legitimate "business" purposes. However, its scope is limited. Misusing a B-1 visa—for example, by engaging in unauthorized employment—can jeopardize both the traveler and the sponsoring company. This guide outlines the practical limitations of the B-1 visa, illustrated with key cases and real-world examples.
The Three-Prong Test from Case Law
U.S. courts and the Board of Immigration Appeals apply three key factors to determine if B-1 use is valid (see, e.g., Matter of Hira, 11 I. & N. Dec. 824 (BIA 1966)):
The visitor maintains a foreign residence.
The principal place of business and profit is abroad.
The stay in the United States is temporary.
Examples of What You Are Allowed to Do on a B-1 Visa
Courts and immigration authorities have clarified that certain activities are permissible on a B-1 visa, as long as they are incidental to foreign business and the profits accrue abroad:
Attend business meetings and professional conferences
Negotiate or sign contracts
Participate in trade shows or exhibitions
Receive classroom-style training (not hands-on productive work)
Advise on company operations or facility establishment without directly managing employees or operations
Take measurements or gather data for foreign-based work (Matter of Hira, tailor measuring clients in U.S. for suits made and paid for abroad)
Deliver training related to foreign projects (U.S. ex rel. Krawitt v. Infosys, trainers at Apple offices under B-1)
If you own a company and bring someone on a B-1 visa, that person may participate in these activities, but nothing beyond them.
Examples of What You Are Not Allowed to Do on a B-1 Visa
Courts have consistently ruled that activities amounting to local employment or productive labor in the United States are prohibited:
Hands-on work such as setting up production equipment, tooling, or manufacturing
Supervising U.S. employees or directing day-to-day operations
Taking an executive or managerial role in a U.S. subsidiary (Mwongera v. INS, B-1 used to expand a U.S. retail business deemed unauthorized)
Performing labor for hire within the U.S. (Karnuth v. U.S. ex rel. Albro, Canadians commuting daily to U.S. jobs not business visitors)
Domestic trucking or transport between U.S. destinations (Robert v. Reno, Canadian truck driver not permitted under B-1)
Being placed on U.S. payroll or receiving U.S.-sourced compensation
Practical Benefits and Limitations of B-1 Visas
Practical Benefits
Articles interpreting the B-1 note that it can be a highly flexible option for companies needing short-term, high-level engagement without the complexity of a work visa. It allows executives, specialists, and consultants to:
Engage in preliminary business development, contract negotiations, and feasibility studies without triggering U.S. payroll or labor obligations.
Explore U.S. markets or meet potential clients before committing to a longer-term visa like L-1 or H-1B.
Maintain foreign employment and benefits while still accomplishing necessary U.S. business objectives.
Practical Limitations
At the same time, commentary stresses that misuse of the B-1 is a common source of compliance risk. Attempting to cross the line into hands-on work, routine employment, or extended residence can:
Result in visa denial or revocation at the border.
Jeopardize future visa eligibility for both the employee and the company.
Raise questions of unauthorized employment under immigration law.
Special Issues with B-1 Visas
Business Development and Sales Demonstrations
A frequent question is whether a company can send someone to the United States on a B-1 visa to make a sales pitch or demonstrate a product or service. Case law and agency guidance confirm that this is permissible if handled carefully:
Permitted: Delivering demonstrations as part of a sales pitch or business development meeting is allowed, provided the demonstration is incidental to negotiations and the profits accrue abroad. For example, in Matter of Hira, the BIA allowed a Hong Kong tailor to take measurements in the U.S. because the suits were made and paid for abroad. Similarly, in U.S. ex rel. Krawitt v. Infosys Technologies, trainers provided sessions at Apple’s offices under B-1 visas because their principal place of business and payment remained overseas.
Not Permitted: If the demonstration crosses into hands-on productive work for a U.S. entity—such as setting up equipment for ongoing use, training U.S. employees in a way that substitutes for local labor, or providing after-sale installation services—that may exceed B-1 limits. In Robert v. Reno, for example, transporting goods domestically within the U.S. under a B-1 was found to be unauthorized employment.
Practical Rule: A B-1 holder may demonstrate what their company is capable of in a sales or marketing context, but may not perform the work itself for the U.S. client. The line is between “showing” and “doing.”
Compensation
You cannot be paid by a U.S. entity for work performed in the U.S. while on a B-1 visa. Salary should continue from the foreign employer. Expense reimbursements (lodging, meals, travel) are acceptable.
Living Situation
You should maintain the appearance of being a visitor, not a resident. Use short-term lodging (hotels, corporate apartments). Avoid long-term leases, enrolling children in school, or other signs of residency.
Other Practical Limitation: Duration of B-1 Visas
A B-1 visa is generally issued for up to six months of authorized stay. In some cases, an extension of up to an additional six months may be requested by filing Form I-539 with U.S. Citizenship and Immigration Services. Extensions are not automatic; the applicant must show a continuing temporary purpose, financial support, and intent to return abroad. Requests are closely scrutinized, especially if the stay begins to resemble residence. We may provide a detailed guide on extension procedures in a future article.
Other Options to Consider
If the planned activity exceeds the B-1’s limits, alternative visas should be considered:
L-1 Visas (Intracompany Transfers):
L-1A: For executives or managers transferring to a U.S. entity to direct operations, establish facilities, and supervise employees.
L-1B: For specialized knowledge staff transferring to apply proprietary expertise or assist in technical operations.
H-1B Visas (Specialty Occupations):
For professionals in roles requiring at least a bachelor’s degree (e.g., engineers, software developers, robotics specialists).
Frequently Asked Questions
1. What kind of “business” can I do on a B-1 visa?
You may engage in nonproductive business activities such as attending meetings, negotiating contracts, participating in trade shows, delivering non-hands-on training, or advising on operations—provided the work is incidental to your foreign business, the profits remain abroad, and you do not manage U.S. staff or run U.S. operations.
2. Can I bring someone from my company on a B-1 to give a sales pitch or product demonstration?
Yes, as long as the demonstration is part of negotiations and not actual performance of work for a U.S. client. The visitor may “show” the company’s capabilities, but may not do work (e.g. install, maintain, or integrate) for U.S. operations under that visit.
3. Can the B-1 holder train U.S. employees?
Only in a limited, nonproductive way (e.g. demonstrating product features or classroom-style instruction tied to foreign operations). Training that effectively replaces local labor is not permitted under B-1.
4. Can I receive payment in the U.S. while on a B-1 visa?
No. You cannot be paid by a U.S. entity for services in the U.S. under B-1. You may continue receiving salary from your foreign employer and may accept reimbursements for legitimate business expenses (travel, lodging, etc.).
5. How long can I stay in the U.S. on a B-1 visa?
The typical authorized stay is up to six months. You may request an extension (generally up to an additional six months) by filing Form I-539 with USCIS, but you must justify that your stay remains temporary, your financial support is clear, and you maintain ties to your home country.
6. What factors affect whether a B-1 extension is approved?
USCIS will examine whether the original purpose still exists, whether the stay appears residential in nature, whether you have maintained nonimmigrant intent, and whether you have demonstrated ability to support yourself without requiring unauthorized employment.
7. What happens if my planned work exceeds what’s allowed on a B-1?
If the scope of your activities crosses the line into management, employee supervision, hands-on labor, or longer-term work, you should consider moving to an immigrant or nonimmigrant work visa such as L-1A (for executives/managers), L-1B (for specialized knowledge), or H-1B (for specialty occupations).
8. How do I know whether advising will cross the line into impermissible work?
The key is whether the advice involves decision-making or oversight of U.S. operations. If your role begins to mirror that of a U.S. manager (supervising staff, executing operational control), then B-1 is likely no longer appropriate.
9. Does having a B-1 visa mean I can stay longer or enter multiple times?
Visa validity and admission duration are separate. Holding a B-1 visa does not guarantee a six-month stay every time—Customs & Border Protection (CBP) at entry decides your authorized period. Multiple entries may be allowed but frequent returns may raise questions about permanent residency intent.
10. Can I convert from B-1 status to a work visa while in the U.S.?
Possibly, but you must satisfy the relevant visa requirements (e.g. L-1, H-1B) and avoid violating your current status. In many cases, a change of status must be properly requested in advance, and the work activity must align with the new visa category.
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Other Helpful Resources:
Related & Future Articles:
Coming Soon: L-1A Executive/Manager Visas
Coming Soon: L-1B Specialized Knowledge Visas
