Attracting and Retaining Top Agribusiness Talent: Non-Immigrant and Temporary Visa Solutions - B-1

February 9, 2015 by Jenifer M. Brown, Partner
Ice Miller can help innovators overcome critical challenges to grow successful agribusinesses. Learn more about the unique business and legal challenges facing food and agricultural innovators and how to protect and grow that innovation in our 2015 Agribusiness Guide. An excerpt follows: 

B-1 (Visitors for Business): This visa status does not permit employment of any kind in the United States. Visitors for business are admitted to perform a business function in international trade for a foreign employer. Because permissible activities are so limited, entering as a visitor and then attempting to “change status” to a student or employment category can be risky. This visa is applied for and obtained directly from a United States Consulate in the country in which the foreign national resides. The period of admission depends upon the purpose of the entry into the U.S. but may be up to six (6) months. The United States also has a “visa waiver” program with about 30 countries (including, but not limited to, Australia, most of western Europe and Japan) allowing citizens of these countries to travel to the United States for up to ninety (90) days without obtaining a visa. The visa waiver may be used to bring business visitors to the United States, as long as they are performing services on behalf of a foreign employer and do not receive compensation from a United States employer. Caution is advised, however, because an extension of stay or change or adjustment to another visa category is not possible if the visa waiver is utilized. Whether entering on a formal B-1 visa or through the visa waiver program, no hands-on, productive employment is permitted.

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