Our readers may be aware that all B1 applicants are subject to the presumption of immigrant intent under Section 214(b) of the Immigration and Nationality Act (INA).

Among other requirements, B1 applicants should establish the fact that s/he will perform only activities permitted under B1 category, which includes, but is not limited to attending conferences, workshops, board meetings, negotiating contracts, understand product requirements, etc. It is important to understand B1 visitors are not permitted to perform any productive employment or receive any remuneration from U.S. source. If productive work is involved, then an appropriate category of visa like the H1B or L1 should be applied.

We have noticed a considerable increase in the refusals of B1 visa applications over the past several months. Business travellers needing to visit the U.S. even for short business meetings have been denied a B1 visa. It is even more challenging for applicants with prior business visa refusals. If there is an urgent business requirement and one needs to reapply for a B1 visa, it is imperative that the applicant is able to establish change in circumstances and/or provide additional information, not previously available, which would help overcome the presumptions under INA 214(b).

Given the higher scrutiny of business visa applications, it is highly recommended that applicants articulate their case clearly and explain the need for travel. Attorneys at Murthy Immigration Services are available to help business travellers present their case in a more clear and transparent manner, maximizing possibilities of a successful applicaiton.