While the nation focuses on comprehensive immigration reform, the Department of Homeland Security (DHS) and other government agencies are refocusing their attentions on long-standing, highly used visa programs, such as the B-1 visa for business visitors. The B-1 visa is the vehicle by which organizations conduct international travel to, and business activities in, the United States in order to spur economic growth both here and abroad. Recently, however, DHS and the Department of State have intensified scrutiny of the B-1 visa with an eye toward improper uses of the program to engage in impermissible business activities. One of the more recent examples of the government’s increased focus on corporate misuse of the B-1 category highlights the government’s concern that employers are turning to the B-1 visa to engage in employment activities when they cannot successfully obtain the appropriate employment-based visa, such as the H-1B or L-1.1
While the business visitor visa provides opportunities for organizations to engage in certain commercial and professional activities in the United States, it is not always clear which activities are permissible under the program. Given the current climate of heightened scrutiny and the high cost of non-compliance, employers should take care to limit their exposure to business visitor visa improprieties. This article discusses the requirements and purpose of the B-1 visa, and will provide recommendations for compliance strategies and an analytical framework on how to determine whether an employee’s business-related activities are permissible.
