B-1 Visa – Visa For Temporary Business Visitors

Business travelers who wish to stay in the U.S. for longer than 90 days or who have been denied a visa or entry into the U.S. in the past require a B-1 visa.

For shorter business stays, participation in the Visa Waiver Program is sufficient, provided that the applicant qualifies for it.

It is important to note that business travelers with a B-1 visa are only allowed to engage in limited business activities. Under no circumstances may they work for a U.S. company, regardless of whether the work is paid or unpaid!

The business activities for which a B-1 visa entitles the holder to engage in generally include any activity except for skilled or unskilled work. Under no circumstances, however, may the applicant be remunerated by a U.S. company for their activities in the U.S.; at most, pocket money or a small allowance may be granted in strictly limited cases.

The distinction between activities that are still permitted and those that are no longer permitted is difficult to make in individual cases. For example, performances and events organized by amateurs are permitted as long as no consideration is given in return. However, a performance by a professional entertainer, for example, would be illegal under a B-1 visa even if it were free of charge.

The B-1 visa allows activities such as

• participating in scientific or business meetings and conferences
• meeting with business partners
• travel in connection with legal proceedings
• conducting independent research
• under certain circumstances, activities such as the installation and maintenance of equipment, machinery, and facilities purchased from a company outside the U.S., as well as training U.S. workers to perform such activities

A B-1 visa must be applied for individually by each traveler, and the relevant requirements must be proven separately for each traveler.

To apply for a B-1 visa, you simply need to fill out an electronic visa application form (DS-160) and pay the visa fee. You can then make an appointment at the U.S. consulate. You will be required to attend a personal interview. Under certain, changing conditions, the consulate may waive the personal appointment and the visa can then be applied for by mail. This applies, for example, to the so-called Interview Waiver Program for certain applicants.

In addition to some standard documents, you should also bring documents confirming the purpose of your stay to the appointment, such as letters from your German employer and a U.S. business partner, proof of participation in a trade fair, etc. Standard documents include your passport, confirmation of the DS-160 form, proof of payment of the fee, and a current passport photo.

Applicants for a B-1 visa do not need to send any documents to the U.S. consulate in advance for review, as is the case, for example, with initial applications for an E-2 visa. Only the above-mentioned documents need to be presented at the appointment itself, at which point a decision on whether or not to grant the visa is usually made immediately.

If the B1 visa application is approved, the U.S. consulate will retain the applicant's passport and return it with the visa within one to two weeks. The processing time for a B1 visa is therefore relatively short. The more pressing question, however, is when an interview appointment at a U.S. consulate will be available. This can be within a few days, but it can also take weeks or, in some cases, even months.

You can check the current waiting times for appointments at any time here: Visa Appointment Wait Times

Family members can also accompany business travelers to the USA. They apply for a B-2 visa if they are not eligible to travel under the Visa Waiver Program. But please note: With a B-2 visa, spouses and children do not receive a work permit in the USA.

The B-1 visa is usually valid for ten years and entitles the holder to stays of up to one year. The length of stay is determined by the U.S. border official upon entry based on the traveler's planned activities. A business stay of one year would, of course, have to be carefully justified and is rather the exception.

With a B-2 tourist visa, the minimum length of stay granted by the border official is generally six months, even if the traveler states that they only want to take a two-week vacation.

As with the Visa Waiver Program, there are no legal requirements for how much time should elapse between individual trips to the U.S. when traveling on a B visa. The U.S. border official decides at his or her discretion whether to admit the traveler. However, very frequent or long stays may lead to questions or, in individual cases, to rejection at the border.

In addition to traditional business purposes, there are also special subcategories of the B-1 visa:

• B-1 After Sales Service: allows technicians or specialists to perform installation, maintenance, or training after the sale of products in the U.S., if this is expressly provided for in the purchase agreement.
• B-1 in lieu of H-1B: allows highly qualified professionals to work temporarily in the U.S. if their employer is based outside the U.S. and they are sent to the United States for a specific project.

Important: These special cases are at the discretion of the U.S. consulate. Whether a visa is granted in one of these categories depends heavily on the individual assessment. Before applying in these special circumstances, you should therefore consult with an attorney specializing in U.S. immigration.

If you already know that a B-1 visa is the right visa for you and therefore do not need an initial consultation (which is subject to a fee), you can also instruct us directly to apply for a B-1 visa!