The B-1 Visa is for the business visitor involved in a legitimate commercial or professional activity who has a clear intention to maintain a foreign residence.
The actual place of the business must be foreign-based and the profits predominantly accrued in the foreign country.
This does not allow a foreign worker to be gainfully employed in the United States and be paid in a foreign country.
The person is admissible if he/she is involved in a commercial transaction which does not involve gainful employment. Examples of this would be:
- International trade issues, such as negotiating contracts, litigation, consulting with clients or business customers.
- Attending conventions and trade shows.
- Professional athletes who do not receive a salary but compete for prize money, e.g., golfers.
- A member of a board of directors of a United States corporation who is attending a board meeting in the United States.
- Foreign managers or executives who are sent to the United States to set up a United States subsidiary as well as people exploring treaty investment opportunities.
The above list is by no means exhaustive and the main focus should be that a person has an unabandoned residence in a foreign country and is not gainfully employed in the United States.