The B-1 category might be appropriate for aliens who wish to come to the U.S. to engage in temporary professional activities related to their employment or business abroad, as long as those activities do not constitute "employment" in the U.S. The legal term "business" is defined fairly broadly:
22 CFR 41.31 (b)(1)
The term "business"...refers to conventions, conferences, consultations and other legitimate activities of a commercial or professional nature. It does not include local employment or labor for hire.
The range of legitimate activity for B-1 purposes Monterey Institute is limited, but would allow for the following:
- Consultation with business associates;
- Participation in scientific, educational, professional or business conventions, conferences, or seminars; or
- Undertaking independent research.
The decision as to whether to bring someone here on B-1 visa is also tied to payments to be made to the visitor.
Receiving payments
Payments made to B-1 visitors are restricted. Although EMPLOYMENT IS NOT PERMITTED, certain reimbursement and academic honorarium payments are possible, for example, for giving a talk, a guest lecture, or performance in an academic sponsored festival, as long as the activity lasts no longer than 9 days at any single institution and the visitor has not accepted payment or expenses from more than five institutions or organizations over the last 6 months. Visitors can also receive reimbursements for incidental expenses or per diems related to their B-1 activities but they cannot exceed what is "reasonable" as a business expense.
Study restrictions
Visitors in B-1 status are not allowed to enroll in any "course of study" unless USCIS has approved a change to F-1 or J-1 status. However, enrollment in a casual, short-term recreational class is possible.
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