Assessing Travel and Visa Obligations

Whether you can travel lawfully as a business visitor or require a work visa depends on the types of activities you will be engaging in during your time in the United States. If you are not sure whether your activities constitute business or work, please seek advice from your immigration counsel.

Traveling for Business

What sorts of activities can I pursue as a business visitor?

As business visitors, travelers to the U.S. may engage in the activities below. This list is not comprehensive and other activities may qualify for business travel.

• Attending business meetings
• Taking orders for goods manufactured outside the country
• Touring a company facility
• Attending a trade show, conference, or seminar
• Negotiating contracts or litigation

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

Nationals of countries participating in the Visa Waiver Program, with some exceptions, do not require a B-1 or B-2 Visitor Visa to enter the U.S. to conduct business activities for less than 90 days. However, before traveling, they must apply for and obtain approval from the U.S. Department of Homeland Security’s Electronic System for Travel Authorization (ESTA). Generally, nationals of Canada and Bermuda are exempt from visa requirements and do not need ESTA approval prior to travel.

In September 2017, the Trump administration issued a presidential proclamation that imposes travel restrictions on foreign nationals from Chad, Iran, Libya, North Korea, Somalia, Syria, Venezuela and Yemen. In April 2018, the Trump administration lifted travel restrictions on nationals of Chad.

To check whether you require a visa to enter the U.S., please consult the U.S. Department of State Visa Wizard. If your country of citizenship is not found on the list of participating countries, you will need to apply for a B1/B2 Visitor Visa prior to travel.

Working in the United States

What sorts of activities require a work visa?

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

• Hands-on technical work
• Repairs and maintenance
• Project planning and implementation
• Marketing

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

The type of work visa required depends on your qualifications, on whether your employer has an entity in the U.S., and on the nature of your work. The most common U.S. work visas are:

• H-1B Visa (for foreign nationals who will provide services in a “specialty occupation”)
• L-1 Visa (for intra-company transfers who will provide services in a specialized knowledge or managerial role)
• O-1 Visa (for foreign nationals with extraordinary abilities in the sciences, education, business, athletics or the arts)
• TN Visa (a special category for Canadian and Mexican nationals)

Are there any nationals who are exempt from work visa requirements?

There are no nationalities that are exempt from the work visa requirement in the U.S.

What else should I know?

Inevitably, the legal and strategic considerations impacting visa selection or visa waiver eligibility entail the careful consideration of many factors. BAL recommends that you consult with your immigration counsel before taking any course of action.

Copyright © 2018 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.

Updated Nov. 13, 2018.