B-1 Business Visa
For business trips or short-term professional activities on behalf of a foreign company and for the development of activities to initiate business operations in the U.S. with a U.S. company.
B1 Business Visa
- Introduction
- B-1 Business Visa Requirements
- Accompanying family members
- Where to apply for a B-1 business visa?
- Processing a B-1 Business Visa at the U.S. Embassy in Madrid
- Is a lawyer necessary to process a B-1 Business Visa?
- How do we provide our services in B-1 Business Visa procedures?
- FAQ (Frequently Asked Questions) B-1 Business Visas for the U.S.
Introduction
Any person traveling to the United States for business and whose nationality is not that of a country included in the Visa Waiver Program (VWP), or has been denied ESTA Travel Authorization, or has previously been denied entry into the United States, or has been arrested or convicted of a crime, or is included in any of the categories defined by law as inadmissible to the United States, must apply for a B-1 Business Visa.
The B-1 Business Visa offers the legal opportunity to develop business opportunities in the U.S., allowing you to attend meetings, conferences, and negotiate contracts.
Currently thirty-eight countries participate in VWP and they are: Germany, Andorra, Australia, Austria, Belgium, Brunei, Czech Republic, Chile, South Korea, Denmark, Spain, Slovakia, Slovenia, Estonia, Finland, France, Greece, Hungary, Iceland, Ireland, Italy, Japan, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, New Zealand, Norway, Netherlands, Portugal, United Kingdom, San Marino, Singapore, Sweden, Switzerland and Taiwan.
Canada, Mexico, and Bermuda do not participate in the VWP, and specific legal provisions apply to their citizens.
Now, it should be noted that the B-1 Business Visa is the most recommended for anyone – even a citizen of a country included in the VWP – who wants to visit the United States for more than 90 days and have the possibility of extending their stay up to a maximum of another 180 days and thus be able, during that additional time, to start or develop a business without having the obligation to leave the United States after their 90-day stay that is granted to them based on their entry into the United States with an ESTA.
Currently thirty-eight countries participate in VWP and they are: Germany, Andorra, Australia, Austria, Belgium, Brunei, Czech Republic, Chile, South Korea, Denmark, Spain, Slovakia, Slovenia, Estonia, Finland, France, Greece, Hungary, Iceland, Ireland, Italy, Japan, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, New Zealand, Norway, Netherlands, Portugal, United Kingdom, San Marino, Singapore, Sweden, Switzerland and Taiwan.
Canada, Mexico, and Bermuda do not participate in the VWP, and specific legal provisions apply to their citizens.
Now, it should be noted that the B-1 Business Visa is the most recommended for anyone – even a citizen of a country included in the VWP – who wants to visit the United States for more than 90 days and have the possibility of extending their stay up to a maximum of another 180 days and thus be able, during that additional time, to start or develop a business without having the obligation to leave the United States after their 90-day stay that is granted to them based on their entry into the United States with an ESTA.
The B-1 Business Visa allows for short-term business activities with multiple entries and flexible stays of up to six months per visit.
B-1 Business Visa Requirements
In addition to the individuals included in the previous introduction and who, for reasons of necessity or legal need, require applying for a B-1 Business Visa, the United States Department of State recommends that this type of Visa should be requested by the following individuals who intend to visit the United States for the purpose of carrying out the following activities:
a) Commercial: Individuals visiting the United States for business purposes, negotiations, to participate in exhibitions, meetings, sign contracts, place orders for merchandise, etc., will require a B-1 Business Visa. Holders of a B-1 Business Visa may not sell or engage in profit-making commercial activities within the United States, nor may they engage in business activities that generate financial compensation within the United States.
b) Service Technicians or Engineers and Computer Systems Programmers: Technical personnel or engineers who travel to the United States to install, service, or repair industrial equipment or machinery sold to a buyer in the United States, provided that the sales contract contemplates the provision of such services, may apply for a B-1 Business Visa.
The technician or engineer must possess specialized knowledge essential to the provision of these services, may not receive remuneration from a U.S. source, and the company may not receive any additional payment for these services beyond that contemplated in the original sales contract.
The B-1 Business Visa is also appropriate for technical personnel or engineers who travel to the United States to train U.S. personnel in the installation, maintenance, or repair of commercial or industrial equipment or machinery. The salary paid to these professionals must be earned by the company in the country of origin, and the sales contract must specifically contemplate that the seller will provide these services to the U.S. buyer.
Individuals who move to the United States temporarily as programmers or computer systems analysts may obtain a B-1 Business Visa provided the following conditions are met:
- That the interested party works for a foreign company established outside the United States.
- Not receive any compensation from companies in the United States, other than any amount that may be considered living expenses.
- That he/she performs functions that require high-level academic knowledge and that the interested party has a degree in that specialty.
c) Voluntary Work: Participants in voluntary service programs in non-profit organizations, social or religious organizations that are officially recognized as such, may apply for a B-1 Business Visa provided that the activity to be carried out in the United States is of a social or charitable nature, and that no remuneration or salary is received, except for some amount that may be considered received as living expenses, and that the activity does not include the sale of articles, nor does it request donations.
d) Speakers, Conference Participants, and Researchers: Speakers and conference participants may visit the United States on a B-1 Business Visa provided they are not receiving compensation from a U.S. source other than travel expenses. The law provides for the possibility of receiving an honorarium, in addition to travel expenses, provided any of the following conditions apply:
- That the activities do not last more than nine days in the same institution.
- Whether the institution is a non-profit organization or a government research organization, or an institution of advanced study, or a non-profit affiliated entity.
- That the activities are carried out for the benefit of the institution or entity.
- That the speaker has not accepted payments or allowances from five such institutions during the previous six months.
To conduct independent research work, you may also apply for a B-1 Business Visa provided that you do not receive any remuneration from the institution in the United States.
Want to know if the B-1 Business visa is the best option for settling or expanding your business in the U.S.? Contact us and we’ll analyze your case.
Accompanying family members
Accompanying family members of a principal applicant for a
B-1 Business Visa – spouse and children under 21 years of age – may each apply for a Business Visa (B-1) which will be granted, upon documentary proof of family ties, for the same period of validity as the Business Visa (B-1) of the principal applicant.
The B-1 Business Visa does not grant the right to work or study in the United States, either to the principal applicant or to accompanying family members.
Where to apply for a B-1 Business Visa?
B-1 Business Visas are processed at the Consular Section of the U.S. Embassy in the visa applicant’s country of nationality or residence. However, some countries and consulates accept applications from third-country nationals (TCNs) . The U.S. Embassy in Madrid accepts applications for TCNs (third-country nationals).
The fact that embassies generally speak the official languages of the country in which they are located—in this case, Spanish—and the English of the United States, makes Madrid an attractive location for submitting documents in both languages. Furthermore, visa interviews can be conducted in English and Spanish , which is beneficial for citizens of Spanish-speaking countries.
The Consular Section in Madrid allows the renewal of B-1 Business Visas without a consular interview (“Interview Waiver ”).
Processing a B-1 Business Visa at the U.S. Embassy in Madrid
B-1 Business visa processing procedures follow the guidelines established by the Department of State, but each Consular Section may specify its own formalities. The Consular Section of the U.S. Embassy in Madrid follows the following process, and we offer recommendations that may help achieve a successful outcome:
1. Complete the U.S. Department of State Form DS-160.
This form is required for all principal applicants and their family members: spouse and children under 21 years of age. https://ceac.state.gov/ceac/
2. Pay the Visa Application Fee (MRV).
To do this, an account is created on the website (https://ais.usvisa-info.com/es-es/niv). All members of the family unit must be added and the fee of $160 is paid for each family member.
3. Supporting documentation required by the Consular Section of Madrid.
Creation of a B-1 Business Visa Application, which must include a cover letter describing the company, the nature of the business, and compliance with the requirements for granting a B-1 Business Visa, and must be accompanied by supporting documentation.
It is important to have a lawyer or law firm analyze the beneficiary’s immigration history, including previous trips to the United States, extended stays, or any situation that may have generated immigration issues. Additionally, since the B-1 Business Visa is a non-immigrant visa, it will be essential to demonstrate that the beneficiary has no intention of permanently immigrating to the United States.
Warning
The Consular Section of the U.S. Embassy in Madrid announces on its B-1 Business Visa processing website that submitting false or misleading documentation will result in permanent ineligibility for a U.S. visa.
4. Schedule a Consular Interview.
After paying the MRV Fee, you can schedule a Consular Interview on the same website https://ais.usvisa-info.com/es-es/niv
An urgent appointment or emergency interview may be requested, but the need for it must be justified (for example, death or serious illness of a family member or urgent medical treatment in the United States).
The Consular Section in Madrid allows the renewal of B-1 Business visas without a consular interview (“Interview Waiver ”).
5. Consular Interview.
You should attend the Consular Interview with only the following documentation:
- Printed copy of the B-1 Business Visa File provided by the Attorney.
- Valid passport with a validity of at least 6 months.
- One photo per person (5×5 cm, white background, without glasses, taken within the last 6 months).
- Confirmation of Consular Appointment.
Large bags, backpacks, computers, cameras, and electronic devices are not permitted in the Embassy, nor are they permitted to be stored or kept in safekeeping.
For B-1 Business visa renewal processes without an interview, the required documentation must be sent to the Consular Section. Consult with the attorney responsible for the process for the fastest and most secure submission options in Spain.
In Spain, all legal documentation sent by a lawyer is protected by Professional Secrecy and Confidentiality.
6. Visa Approval.
If the Consular Officer approves the B-1 Business Visa application, it will generally be valid for a period of 10 years.
The Consular Section will retain your passport for 3 to 5 business days to issue your B-1 Business visa. It will then be sent to the location you selected when scheduling your Consular Interview.
If additional documentation is required or the B-1 Business visa application is denied, the Consular Officer will inform you of the process to follow.
7. Entry and Admission to the United States.
Upon arrival in the United States, either through the airport or at the border, and passing through official Customs and Border Protection (CBP) control, the CBP Officer will verify the B-1 Business visa and, if satisfied, will grant a period of admission, generally up to 6 months.
The admission period can be verified on the website https://i94.cbp.dhs.gov/home
If you are unable to leave the United States before the end of the 6-month admission period or if an extension is necessary, you may apply for a 6-month extension of the admission period from the United States Citizenship and Immigration Services (USCIS).
Is a lawyer necessary to process a B-1 Business Visa?
It is not legally mandatory, but it is highly recommended, especially in the following cases:
How do we provide our services in B-1 Business Visa procedures?
At Juris Magister Abogados, we have implemented a consolidated action plan for over 30 years, which has guaranteed success for both our firm and our clients, combining professional excellence with proven results.