Business Visas in California: Immigration Basics

Many foreign residents are interested in coming to the United States for work, job training, conferences, consulting with colleagues, or to establish a business office here. And it’s no surprise — California has the highest number of immigrants of any state in the U.S. It had the most immigrants in 2015, both in terms of number (10.7 million) and in terms of immigrants as a share of the state’s population (27 percent).

These foreign residents coming to the U.S. for business are often staying for relatively short visits rather than moving here permanently. Nationwide, the State Department issued almost 10.9 million nonimmigrant visas — a 10 percent increase over the previous year. Most were temporary business or tourist visas.

There are numerous regulations governing the types of visas available for non-citizens to enter the country. Here are some of the regulations business visitors need to know about traveling to the U.S.

Short-term Business Visas

B-1 visas are available to non-immigrant foreign visitors who will be in the U.S. for a short-term visit for a specific activity. Those admitted on this visa will be able to stay in the country for a reasonable length of time to complete their business, with a maximum stay of six months.

Applicants must meet three requirements:

1. They must show they are coming to the U.S. for a short, defined period of time.
2. They must be coming to the U.S. to engage in “business.”
3. They cannot draw a salary from a U.S. entity.

In order to show the stay is for a short time period, the applicant must show he or she intends to remain for a limited time, has enough money to cover the stay, and maintains a residence abroad and can demonstrate other social or economic ties to their home country to indicate their intention of returning to their home abroad at the end of their visit.

Evidence that the applicant intends to remain in the U.S. for only a limited time and maintains compelling ties abroad can include a return ticket for travel; time-sensitive activities abroad; contractual or legal commitments; and property ownership, bank accounts, family ties, and continued employment in their home country.

How can I use a B-1 visa?

The B-1 visa is intended for business activities that are related to business activity abroad. For example, an applicant can travel for meetings, conferences, negotiations, consultations with associates, taking orders for goods produced outside the U.S., or researching options for opening a business in the U.S. Applicants cannot perform any activity that would constitute local employment.

Finally, the applicant can conduct business on behalf of a foreign employer, but no salary can come from a U.S. source. However, he or she may receive reimbursement from a U.S. source for reasonable incidental expenses.

Businessmen or women from certain countries are exempt from the need to obtain a B-1 visa in order to enter and do business in the U.S. if they are from a visa waiver country. A list of the participating countries is available online. Travelers using this route to enter the U.S. are limited to a 90-day stay.

See also: Employment Visas in California: What You Need to Know

Visas for Foreign Investors

A foreign businessperson can apply for an E-2 visa if he or she is investing a substantial amount of money in a new or existing U.S. business enterprise. The applicant must show the business is active and bona fide; that the investment is substantial and he or she is able to provide the source of the money to be invested; and that he or she is coming to the U.S. to direct or develop the business.

The E-2 visa is available for up to two years and can be renewed for subsequent two-year periods.

Visas for Business Entrepreneurs

There are other visa options as well that are available for business entrepreneurs. They include:

• An F-1 Optional Practical Training visa allows a student on an F-1 visa to do work that is directly related to his or her course of study.
• An H-1B Specialty Occupation visa allows an applicant to work in a job that normally requires a bachelor’s degree or above, when the job is related to the applicant’s field of study.
• An O-1A Extraordinary Ability and Achievement visa is available for those with extraordinary ability in the sciences, arts, education, business, or athletics who plan to start a business in their field of expertise.
• The L-1 Intracompany Transferee visa allows executives, managers, or workers with specialized knowledge who have been working abroad for at least one year in the last three to transfer to a related U.S. entity.

Get Help from an Experienced Immigration Attorney

If you’re struggling to obtain a business visa in California, our qualified immigration law attorneys may be able to help. We handle cases that range from everything like applying for a visa, obtaining citizenship or a green card, and obtaining work authorization to removal and deportation proceedings, applying for Deferred Action for Childhood Arrivals, and employer sanctions defense.

Immigration law is pretty complicated, but the lawyers of the San Fernando Valley Bar Association Attorney Referral Service have expertise in these areas and more. Contact us today for a free consultation by calling 818-213-1564 or filling out our online contact form.

See also:

• Green Card Requirements: California Immigration Laws
• Street Vendors Legal in L.A.: 5 Things to Know
• Family Reunification: Bringing Your Family Together in the US
• Political Asylum: Immigration Basics
• Undocumented Immigrants Can Still Get a CA Driver’s License