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Application Procedures
The primary purpose of the Immigration and Nationality Act is to protect US workers from cheap foreign labor. B-l visa holders have the burden of convincing the USCIS inspector that they are spending up to six months in the US without working. Most people can’t afford to spend six months at home without working, let alone in a foreign country. Because many B-l holders were merely too lazy to get a proper working visa, the USCIS tends to be suspicious.
All nationalities except Canadians must apply for a B-l visa at a US consulate. Provide the consular officer with background data to support the B-l visa application. Important documentation includes:
• A detailed itinerary.
• Reasons for needing more than 90 days, if you are eligible for visa waiver, to conduct your business in the US.
• Proof that you will be paid from abroad.
• Proof that you are either an independent business person or that a foreign employer controls your activities.
Even if the consul issues the B-1 visa, you must still convince the USCIS inspector upon arrival in the US that you qualify for the B-l visa at the time of entry. As in all visa matters, it’s a two-step process: first you must make your case to the consul, after which you make your case to the USCIS inspector. You must pass both tests in order to enter the US.
Canadians merely state the purpose of their business trip at a port of entry. If the reasons are satisfactory, the inspector admits the Canadian without a B-l visa or 1-94 or other documentation. The maximum stay period is six months.
Although B-1 visa holders may avoid US income tax liability, it may be worth applying for a long-term working visa and paying the tax, to ensure that you can go about your business in the US without fear of immigration problems. The time, expense and disruption to your business resulting from being delayed or refused entry to the US may exceed the costs associated with a non-immigrant working visa.
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