What Is the B-1 Business Visitor Visa?
The B-1 visa is a nonimmigrant visa that allows foreign nationals to enter the United States temporarily for business purposes. Unlike work visas, the B-1 does not permit you to be employed by a US company or receive a salary from US sources. Instead, it is designed for business activities where your remuneration and primary employment remain abroad.
For investors, the B-1 is invaluable. It allows you to visit potential investment properties, meet with business brokers, conduct due diligence on acquisition targets, negotiate contracts, attend board meetings, and consult with attorneys and accountants - all the preparatory work needed before committing capital to the US market.
Key B-1 Characteristics
- Duration: Typically admitted for up to 6 months per entry
- Extensions: Can request extensions in 6-month increments (up to 1 year total)
- Multiple Entry: B-1/B-2 visas are usually issued for 10 years with multiple entries
- Visa Waiver: Citizens of VWP countries can use ESTA for B-1 activities (90 days max)
B-1 vs. ESTA (Visa Waiver Program)
If you are from a Visa Waiver Program country (UK, Germany, France, Japan, Australia, and 35+ others), you can enter the US for business purposes using ESTA instead of applying for a B-1 visa. However, there are important differences:
| Feature | B-1 Visa | ESTA (Visa Waiver) |
|---|---|---|
| Maximum Stay | 6 months (extendable) | 90 days (no extensions) |
| Extensions Allowed | Yes | No |
| Change of Status | Possible | Not permitted |
| Application Process | Consular interview required | Online application only |
| Validity | Up to 10 years | 2 years (or until passport expires) |
| Best For | Extended due diligence, multiple long trips | Quick business trips under 90 days |
Strategic Consideration: B-1 for Serious Investors
If you are seriously considering a US investment that may lead to an E-2 or L-1 visa, I often recommend obtaining a B-1 visa even if you qualify for ESTA. The B-1 allows extensions and change of status options that ESTA does not. This gives you more flexibility if your investment timeline extends or if you want to transition to a work visa without leaving the country.
Permitted B-1 Activities for Investors
The key principle is that B-1 activities must be business-related but cannot constitute "productive work" for a US employer. As an investor, here is what you CAN and CANNOT do:
What You CAN Do on a B-1
Property Tours
Visit investment properties, meet with real estate agents, attend open houses, inspect commercial buildings
Business Due Diligence
Review financial records, meet with sellers, tour business premises, evaluate acquisition targets
Contract Negotiations
Negotiate purchase agreements, partnership terms, lease agreements, vendor contracts
Professional Consultations
Meet with attorneys, accountants, immigration lawyers, business brokers, bankers
Board Meetings
Attend board of directors meetings for companies where you hold an investment
Conferences & Trade Shows
Attend industry conferences, trade shows, professional seminars, training sessions
Bank Account Setup
Open business or personal bank accounts, meet with bankers, arrange financing
Entity Formation
Sign documents to form LLCs or corporations, attend signing appointments
What You CANNOT Do on a B-1
Active Employment
Work as an employee for any US company, even your own US entity
Manage Day-to-Day Operations
Run your business on a daily basis, supervise employees hands-on
Receive US-Source Income
Accept salary, wages, or consulting fees paid by US entities
Perform Skilled Labor
Perform skilled or unskilled labor, construction work, or technical services
Common Mistake: "Managing My Investment"
I see investors make this mistake frequently. Buying a business on a B-1 is permitted. Managing that business day-to-day on a B-1 is NOT permitted. If you acquire a US business, you need an E-2, L-1, or other work visa to actively manage it. The B-1 is for the acquisition phase only.
B-1 Visa Application Process
Step 1: Complete DS-160 Online
The DS-160 is the standard nonimmigrant visa application form. You will need a digital photo meeting State Department specifications, your passport information, travel history for the past 5 years, and employment history for the past 10 years.
Step 2: Pay the Visa Fee
The B-1/B-2 visa application fee is currently $185 USD (as of 2025). Payment methods vary by country but typically include bank transfers and credit cards.
Step 3: Schedule Consular Interview
Wait times vary dramatically by location. Some consulates have appointments available within days; others have backlogs of weeks or months. Third-country processing is sometimes faster if your home country has long waits.
Step 4: Prepare Supporting Documents
Unlike immigrant visas, B-1 applications do not have a fixed document checklist. However, I recommend preparing:
- Business Purpose Documentation: Letters from business contacts, meeting invitations, property listings, business broker engagement letters
- Financial Evidence: Bank statements, investment portfolio statements, property ownership documents (to show ties to home country)
- Employment/Business Ties: Letter from employer, business registration documents, contracts showing ongoing obligations
- Travel Itinerary: Flight reservations, hotel bookings, meeting schedule
- Prior US Travel: Previous visa stamps, I-94 records showing lawful entries and departures
Step 5: Attend Interview
The consular officer will assess whether you have a legitimate business purpose, sufficient funds, and strong ties to your home country that will ensure your return. Be prepared to explain your investment plans clearly and concisely.
Interview Tips for Investors
- Be specific about your business purpose: "I am evaluating a franchise opportunity in Miami" is better than "exploring business opportunities"
- Bring documentation of your existing business or employment abroad
- Show strong ties to home country: property, family, ongoing business operations
- Have a clear return date and explanation for your timeline
- If you have previously visited the US, emphasize your lawful departures
From B-1 to Investor Visa: The Strategic Path
Many of my clients use the B-1 as the first step in a longer immigration strategy. Here is how the B-1 fits into the investor visa pathway:
B-1 to E-2 Treaty Investor
The most common transition. Use B-1 status to identify a business, negotiate the acquisition, set up your LLC, open bank accounts, and complete the investment. Then apply for E-2 status either at a US consulate abroad or through a change of status if you entered on a B-1 visa (not ESTA).
B-1 to L-1 Intracompany Transfer
If you are establishing a US subsidiary of your foreign company, the B-1 allows you to set up the office, hire initial staff (through a hiring manager, not hands-on), and prepare for the L-1 blanket or individual petition.
B-1 to EB-5 Immigrant Investor
For larger investments ($800K-$1M+), the B-1 allows you to visit Regional Centers, meet with EB-5 project developers, conduct due diligence, and consult with EB-5 specialists before committing your capital.
Change of Status Considerations
If you enter on a B-1 visa (not ESTA), you may be able to change status to E-2 or certain other categories without leaving the US. However, most consulates prefer that E-2 applications be submitted abroad. I can advise on the best approach based on your specific situation and nationality.
Recommended Timeline
| Phase | Duration | Activities |
|---|---|---|
| Exploratory Trip | 1-2 weeks | Initial market research, meet attorneys, identify target sectors |
| Due Diligence Trip | 2-4 weeks | Evaluate specific opportunities, review financials, negotiate terms |
| Transaction Trip | 1-2 weeks | Close acquisition, sign documents, set up bank accounts |
| E-2/L-1 Application | 2-4 months | Prepare visa petition, gather evidence, consular interview |
Common B-1 Issues and How to Avoid Them
Extended Stays and Re-Entry Scrutiny
CBP officers track your cumulative time in the US. If you have been spending 5-6 months per year on B-1 status, expect questions about whether you are actually "residing" in the US. Maintain strong documentation of your foreign residence and business ties.
Visa Denials Under INA 214(b)
The most common B-1 denial is under INA 214(b) - failure to demonstrate sufficient ties to your home country. If denied, you can reapply with additional evidence. A denial does not permanently bar you, but subsequent applications face increased scrutiny.
Port of Entry Issues
Having a valid visa does not guarantee entry. CBP officers make the final determination. If you appear to be planning unauthorized work or have overstayed previously, you may be denied entry or given a shortened stay period.
My Advice: Document Everything
Keep records of every trip - entry/exit dates, purpose of each visit, meetings attended, businesses evaluated. If questioned at the border or in a future visa application, this documentation demonstrates legitimate business activity and lawful use of B-1 status.
Planning a US Investment Trip?
I help foreign investors navigate B-1 applications, plan due diligence trips, and transition to investor visas. Let me review your situation and develop a strategic approach.
Sergei Tokmakov, Attorney — California Bar #279869