- Whether the alien's activities are commercial.
- Whether the alien has a clear intent and legal ability to continue his foreign residence.
- Whether the alien's salary comes from abroad (though travel expenses including meals, lodging, laundry and other basic services may be reimbursed by U.S. sources).
- Whether the principal place of business and the actual accrual of profits are predominately in the foreign country.
- Whether the alien's various entries into the United States have a plainly temporary nature (although the business activity itself may be long term).
B-1 VISA - VISITOR FOR BUSINESS
While most visitors to the United States engage in traditional "tourist" activities, the B classification allows them a much greater range of activities than many people would expect. The B-2 tourist status guidelines allow for temporary visits of family members who would not otherwise qualify for dependent non-immigrant status.
If the purpose for the alien's planned travel is to consult with business associates, travel for a scientific, educational, professional or business convention, or conference on specific dates, settle an estate, or negotiate a contract, then a business visitor visa (B-1) may be the appropriate type of visa for that individual's travel. U.S. Department of State and U.S. Department of Homeland Security guidelines provide a fine-line distinction between activities necessary to international trade or commerce (generally allowed under B-1) and local employment or labor for hire (not allowed). The principal factors to be considered are: