The B-1 visa – who is eligible
The B-1 visa is the classic business visa for the USA and is required if the stay extends beyond the maximum 90 days of the Visa Waiver Program or if the applicant is no longer allowed to enter the country without a visa for certain reasons – for example due to a previous refusal of entry or a denied visa application.
It is particularly important to note that a B-1 visa only authorizes certain business activities. A work permit for a US company is expressly not granted – and this applies regardless of whether the work is remunerated or unpaid.
So if you are traveling to the USA on business to attend professional meetings, take part in conferences or conduct negotiations, the B-1 visa may be the right solution for you. However, the boundaries between permitted business activity and unauthorized gainful employment are often blurred – and this is precisely why particular care is required when selecting and applying for this visa.
Requirements for a B-1 visa
Proof of temporary residence
A central condition for the issue of a B-1 visa is proof that the stay in the USA is only planned temporarily . The applicant must credibly demonstrate that he or she will leave the country again after completing his or her business activities. This is best achieved through comprehensible travel plans and supporting documents that underline the applicant’s willingness to return.
This includes proof of permanent employment in Germany, an existing place of residence, family or social ties and convincing economic reasons for returning. In addition, the applicant must prove that they are financially able to cover all travel and accommodation costs themselves.
Business purposes
The business purpose must also be clearly and specifically stated. It is crucial that the planned activities fit within the narrow framework permitted by the B-1 visa.
The B-1 visa covers a variety of activities as long as they are not considered gainful employment . Typically these are:
- Participation in meetings, trade fairs or scientific conferences
- Business meetings with US partners
- Independent research activities
- Court dates or negotiations in the USA
- In certain cases: Assembly, maintenance or training in connection with machinery supplied by a company outside the U.S.
It is important to note that these activities must not turn into employment. As soon as it is a specialist or auxiliary activity – or if the activity directly serves the economic interests of a US company – caution is advised.
There is a special rule for events or public performances: As long as the performances are by professional artists, i.e. artists who usually receive a fee for their performance, they are not permitted, even if they are unpaid in the specific case. Professional performances, even if unpaid, are not permitted. On the other hand, an amateur who will not be paid for performances and will perform in a social and/or charitable context may be eligible for B-2 classification, even if the incidental expenses associated with the visit are reimbursed. These examples in particular show that the distinction between permissible business travel and impermissible gainful employment is complex in individual cases.
Each applicant must submit the visa application individually and fulfill all requirements personally. There are no group or collective applications.
The application process
The application for the B-1 visa is made via an electronic form, the so-called DS-160. Once this has been completed online, the corresponding visa fee must be paid on a separate website. An interview appointment can then be arranged at one of the US consulates in Berlin, Frankfurt or Munich. As a rule, the applicant must appear in person for the interview, although there may be exceptions – for example, if certain requirements (e.g. regarding age, previous visas, etc.) are met or if changes in the regulations of the US authorities allow for processing by post at short notice.
In addition to the passport and the DS-160 confirmation page and the appointment confirmation , all documents proving the business purpose of the stay and the applicant’s intention to return must be brought to the interview appointment. These include:
- Invitation letter from the US business partner
- Letter from the German employer
- Confirmation of registration for conferences or trade fairs
- Flight and hotel bookings
- Financial proof and documents regarding the intention to return
The consulate will check the documents on site. Prior submission is not required, as is the case with the E-2 visa.
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Processing time and visa issuance
One advantage of the B-1 visa is that no documents need to be sent to the consulate in advance. The decision is usually made directly at the interview appointment. If the visa is approved, the consulate retains the passport and sends it back within one to two weeks – including the visa.
This makes the process comparatively quick. The greater challenge often lies in the availability of appointments: depending on how busy the respective consulate is, it can take a few days, but also several weeks or even months before an interview appointment becomes available. Anyone planning a business trip should therefore start the application process in good time.
Accompanying family members
Business travelers may generally be accompanied by family members. They then apply for a B-2 visa if the Visa Waiver Program is not an option for them. The B-2 visa is the classic visitor visa for tourist stays, which can also be used in combination with a business trip. Visa applications for accompanying persons must be submitted separately , as each family member requires their own visa – a joint application is not possible.
Validity and duration of stay
A B-1 visa issued is usually valid for ten years. However, this does not mean that a stay of ten years is permitted. Rather, a new decision is made each time the business traveler enters the country as to how long they may stay in the USA. The maximum length of stay for a B-1 visa is
The decision is made by the US border official upon entry – he also determines the specific duration of the stay. There is also no legal regulation on how much time must elapse between two trips to the USA. Rather, it is at the discretion of the border official whether to allow the traveler to re-enter the country. If you enter the country very frequently, you must expect your intentions to be scrutinized at border control. Border officials have the right to refuse entry at any time if they gain the impression that the visa is being misused.
Our support with the visa application
Applying for a B-1 visa may seem straightforward at first glance, but in many cases it is not. The precise formulation of the purpose of the trip, the selection of the right documents and the assessment of whether the planned activities actually fall under the B-1 visa require experience and legal expertise, especially if you want to perform activities in the USA that are generally qualified as „work“ but are exceptionally permitted with a B-1 visa, such as the „assembly“ mentioned above.
We will therefore be happy to advise you individually on choosing the right visa and, if you wish, take care of the entire application process for you – from preparation and booking appointments to following up on your interview.
If you already know that the B-1 visa is the right choice for your case and do not need an initial consultation, you can also instruct us to apply directly. Get in touch with us – by e-mail or telephone. We look forward to helping you.
