Travel and Visa Info for the United States of America - B A L

At a Glance

Capital	Washington, D.C.
Language	English
Population	326,625,791 (July 2017 est.)
GDP Total	$19.39 trillion (2017 est.)
GDP Per Capita	$59,500 (2017 est.)

Assessing Travel and Visa Obligations

When traveling to the United States, your nationality and the types of activities you will conduct during your trip will determine whether you may travel lawfully as a business visitor or if you require work authorization. Please seek advice from your immigration counsel if you are uncertain about the specific types of activities that constitute business or work.

Traveling for Business

What types of activities may I engage in as a business visitor?

As a business visitor to the United States, you may engage in the activities below. While this list is not exhaustive and other activities could qualify as business, you may:

» Attend business meetings
» Take orders for goods manufactured outside the country
» Attend a trade show, conference, or seminar
» Negotiate contracts or perform litigation

If I qualify as a business visitor, do I need a visa for the United States?

Nationals of countries included in the Visa Waiver Program, such as Australia, France, and many other select countries, are not required to obtain a visa in order to enter and conduct business activities in the United States on a short-term basis. However, visa-waivered nationals are required to obtain approval through the Electronic System for Travel Authorization (ESTA) prior to travel.

Foreign nationals not eligible for a visa waiver must obtain a B-1/B-2 Visitor Visa from a United States Embassy or Consulate prior to travel. Please consult with your immigration counsel before traveling in order to determine your eligibility for a visa waiver or B-1/B-2 Visitor Visa.

Working in the United States

What types of activities require work authorization?

The activities below, whether paid or unpaid, generally constitute work under United States law. This list is not exhaustive, and many other professional activities are considered work in the United States, even if conducted for a short duration.

» Facility tours
» Performing audits
» Hands-on technical work

If I am traveling to the United States for work, what type of work authorization do I need?

The requirements for work authorization depend on your qualifications, on the nature and duration of your work, and on whether your employer has an entity in the United States. The most common types of work authorization for the United States are:

» H-1B Visa Specialty Occupation (work authorization for highly-skilled specialists)
» H-1B1 Visa (work authorization for highly-skilled nationals of Chile and Singapore)
» L-1 Visa Intracompany Transfers (work authorization for manager, executive, and specialist intra-company transferees)
» O-1 Visa Extraordinary Ability (work authorization for individuals with extraordinary ability in the sciences, education, business, athletics, or the arts)
» TN Visa (work authorization for citizens of Canada and Mexico whose profession is outlined in the NAFTA occupations list)
» E-3 Visa (work authorization for Australian nationals with qualifying credentials for a specialty position)

Is it possible to be exempted from work authorization requirements?

The United States does not offer work authorization exemptions.

What else should I know?

Inevitably, the legal and strategic considerations impacting visa selection, as well as visa waiver and work authorization eligibility, entail the careful consideration of many factors. We recommend that you consult with your immigration counsel before taking any course of action.

Copyright © 2020 Berry Appleman & Leiden LLP. Government immigration agencies often change their policies and practices without notice; please consult an immigration professional for up-to-date information. This document does not constitute legal advice or create an attorney-client relationship. BAL maintains comprehensive immigration information and processing specifics for our clients.

News and Events

27 Jan 21

At a Glance

Capital	Washington, D.C.
Language	English
Population	326,625,791 (July 2017 est.)
GDP Total	$19.39 trillion (2017 est.)
GDP Per Capita	$59,500 (2017 est.)

United States of America

At a Glance

What types of activities may I engage in as a business visitor?

If I qualify as a business visitor, do I need a visa for the United States?

What types of activities require work authorization?

If I am traveling to the United States for work, what type of work authorization do I need?

Is it possible to be exempted from work authorization requirements?

News and Events

ICE withdraws newly formed OPT Employment Compliance Unit

Supreme Court agrees to decide TPS green card...

Universities reminded to comply with OPT record-keeping rules

White House extends ban on travel from Europe,...

February Visa Bulletin: modest advancement in most employment-based...

PERM, prevailing wage processing updates

Midnight H-1B strengthening rule likely to be withdrawn...

Biden initiates wide-ranging immigration changes on Day 1...

Trump order ending Brazil, Europe travel bans unlikely...

DHS and DOL release new H-1B changes

At a Glance

Immigration Links

United States of America

At a Glance

What types of activities may I engage in as a business visitor?

If I qualify as a business visitor, do I need a visa for the United States?

What types of activities require work authorization?

If I am traveling to the United States for work, what type of work authorization do I need?

Is it possible to be exempted from work authorization requirements?

News and Events

At a Glance

Immigration Links

Related News