The United States remains a major hub for international commerce. Each year, foreign nationals travel to the US to attend meetings, negotiate contracts, train with US counterparts, or participate in trade shows and conferences. US immigration law provides several routes for these short-term business visits, with different eligibility rules depending on nationality, purpose and travel history.
What this article is about: This guide explains the principal options for travelling to the United States for business, focusing on the B-1 Business Visitor route, the Visa Waiver Program (ESTA), and exemptions for Canadian and Bermudian citizens. It covers core eligibility, the application and interview process, fees, documentary evidence, and key compliance points so organisations and travellers can plan lawfully and avoid disruption at the border.
Section A: B-1 Business Visitor Visa
1. Purpose and scope
The B-1 is a nonimmigrant category for temporary business visits. It permits activities that are incidental to international commerce but does not authorise productive employment for a US entity or residence in the United States. Typical permitted activities include:
- Attending meetings, consultations and briefings with US counterparts
- Participating in professional, scientific, educational or business conferences and trade shows
- Negotiating and executing contracts
- Receiving short-term training that does not involve hands-on productive work
- Conducting independent research, or engaging in litigation-related activities (for example, attending depositions or court proceedings)
Activities not permitted include taking paid employment from a US source, performing skilled or unskilled labour, running a US business, or enrolling in a course of long-term study. Travellers must intend to depart the US when the business is concluded.
2. Admission period and extensions
Admission as a B-1 visitor is determined by a US Customs and Border Protection (CBP) officer at the port of entry. While admission is often granted for up to six months, CBP may admit for a shorter period aligned to the stated purpose and evidence presented. If more time is legitimately needed, a visitor in B-1 status may, in limited circumstances, apply to US Citizenship and Immigration Services (USCIS) to extend stay before expiry; approval is discretionary.
3. Application process
Most applicants apply outside the US at a US embassy or consulate. The usual steps are:
- Complete the DS-160 online nonimmigrant visa application and retain the confirmation page
- Pay the application fee and keep the receipt
- Schedule and attend a consular interview (some nationals or renewals may qualify for interview waiver, where available)
- Provide biometrics and present supporting evidence at interview
At interview, applicants should demonstrate a credible temporary purpose, sufficient funds for the trip, and strong ties outside the US (for example, ongoing employment, property or family commitments) that indicate an intention to depart after the visit.
4. Fees
The machine-readable visa (MRV) fee for B-1 applications is US$185. Depending on nationality, additional reciprocity (issuance) fees may be payable under bilateral arrangements. Applicants should confirm fee levels for their nationality on the US Department of State reciprocity schedule before applying.
5. Supporting documents
While documentation requirements vary by post and individual circumstances, typical evidence includes:
- Valid passport (generally with at least six months’ validity beyond the intended stay)
- DS-160 confirmation page and MRV fee receipt
- Compliant passport-style photograph (if not uploaded successfully with DS-160)
- Evidence of business purpose, such as a US company invitation, conference registration, agenda, or draft contract
- Proof of funds for travel and subsistence (for example, employer letter confirming expenses, personal bank statements)
- Evidence of ties abroad (for example, employer letter confirming role and return, property deeds/lease, family evidence)
Consular officers may request further documents consistent with the case facts and local post practice.
6. Compliance cautions
B-1 status does not permit wages from a US source for services rendered in the United States, though reimbursement of reasonable, incidental expenses (such as travel, accommodation and meals) is generally acceptable. Engaging in productive work for a US entity, even short-term, usually requires the appropriate work-authorised visa classification. Overstaying or breaching conditions can lead to visa cancellation, ineligibilities, and bars on re-entry; in particular, unlawful presence of more than 180 days can trigger a three-year bar, and more than one year can trigger a ten-year bar.
Section summary
The B-1 route enables short-term entry for legitimate business activity without US-source employment. Admission length is set by CBP based on purpose and evidence and is often up to six months, with limited scope to extend through USCIS. Clear documentation of the business agenda, funding and ties outside the US is critical to a smooth application and inspection at the port of entry.
Section B: Visa Waiver Program (VWP)
1. Overview
The Visa Waiver Program (VWP) permits nationals of designated countries to enter the United States for business or tourism without obtaining a visa, provided the visit does not exceed 90 days. Permitted activities under the VWP mirror those of the B-1 visa: attending meetings, conferences, training sessions, or contract negotiations. Employment, long-term study, or residence is not allowed. Each entry is capped at 90 days, regardless of how long the ESTA authorisation remains valid.
2. Participating countries
Participation is limited to nationals of countries formally designated by the US government. The list includes the United Kingdom, most EU member states, Australia, Japan, South Korea and others. Only citizens of participating states qualify; permanent residents of those countries without that nationality must apply for a visa instead.
3. ESTA authorisation
Travellers must hold an approved Electronic System for Travel Authorization (ESTA) before boarding a US-bound carrier. The ESTA process requires an online form, payment of the fee, and receipt of approval confirmation. While approvals are usually rapid, it is advisable to apply at least 72 hours before departure. ESTA is generally valid for two years, or until passport expiry if sooner, and may be used for multiple trips. However, ESTA does not guarantee entry; final admissibility is always determined by US Customs and Border Protection at the port of entry.
4. Passport requirements
To use the VWP, travellers must present a valid e-passport containing an embedded electronic chip. Passports should also have at least six months’ validity beyond the intended stay, unless covered by a country-specific agreement with the United States. Without a compliant e-passport, even nationals of VWP countries must obtain a visa instead.
Section summary
The VWP offers a streamlined route for nationals of approved countries, allowing up to 90 days for business visits without a B-1 visa. Travellers must obtain ESTA clearance in advance and travel on a compliant e-passport. The programme’s main restrictions are the strict 90-day limit and prohibition on employment or study. Each admission is at the discretion of CBP officers on arrival.
Section C: Canadian & Bermudian Citizens
1. Exemptions
Canadian and Bermudian citizens benefit from special statutory arrangements for short-term visits. In most cases, they do not need a B-1 visa to enter the United States for temporary business purposes such as meetings, consultations, or conferences. Canadian citizens are also exempt from the ESTA requirement. Bermudian citizens are not part of the Visa Waiver Program but enjoy specific exemptions under US law for many short business visits.
2. Exceptions
Despite these exemptions, certain activities still require a visa. Examples include:
- Undertaking employment in the United States, even if temporary
- Entering as a treaty trader or investor under the E visa categories
- Engaging in other specialist visa routes outside the business visitor framework, such as H, L or TN categories
In these circumstances, the appropriate employment-based visa must be obtained prior to travel.
3. Compliance cautions
Travellers should not assume blanket eligibility. CBP officers will review purpose of travel on arrival, and evidence of the business activity may still be requested. Canadians and Bermudians must be able to show that their planned activities fall within the permitted scope for business visitors and that they will depart the United States on completion of the visit.
Section summary
Canadian and Bermudian citizens usually enjoy more flexible entry conditions for short business trips than other foreign nationals. However, exemptions do not extend to employment or specialist routes, where a visa remains mandatory. Travellers should confirm that their activities qualify as business visitor purposes to avoid refusal at the border.
FAQs
What activities are allowed on a B-1 visa?
Permitted activities include attending business meetings, contract negotiations, professional or academic conferences, short-term training that does not involve productive work, independent research and litigation-related activities. Employment, long-term study, or managing a US business is not permitted.
Can I receive payment while in the US on a business visa?
No. B-1 visitors cannot receive wages or remuneration from a US source for services performed. Reimbursement of incidental expenses such as accommodation, meals or travel may be acceptable.
How long can I stay on a B-1 visa?
Admission is determined by CBP at the port of entry. While up to six months is common, shorter periods may be granted based on the stated purpose. In some cases, a visitor may apply to USCIS for an extension before expiry, but approval is discretionary.
Do I need ESTA if I already hold a B-1 visa?
No. ESTA authorisation applies only to those travelling under the Visa Waiver Program. Travellers with a valid B-1 visa use that visa for entry.
What are the consequences of overstaying?
Overstays can result in visa cancellation, bars on re-entry, and loss of future VWP eligibility. Unlawful presence of more than 180 days can trigger a three-year bar, and more than one year can trigger a ten-year bar. Even shorter overstays may create difficulties in future visa applications.
Conclusion
The United States provides several lawful routes for short-term business visits. The B-1 visa is the primary option where the traveller’s nationality does not permit visa-free entry, allowing meetings, conferences and contract negotiations without work authorisation. Nationals of participating countries may benefit from the Visa Waiver Program, while Canadian and Bermudian citizens enjoy additional exemptions.
The critical step is matching the route to the traveller’s nationality and purpose, preparing clear documentation, and observing all conditions. Careful compliance ensures smooth entry and avoids serious consequences such as inadmissibility or re-entry bars.
Glossary
| B-1 Visa | A nonimmigrant visa for temporary business visits such as meetings or conferences. |
| Visa Waiver Program (VWP) | A programme allowing nationals of designated countries to enter the US without a visa for up to 90 days. |
| ESTA | Electronic System for Travel Authorization, required for VWP travellers. Must be valid at entry. |
| DS-160 | Online Nonimmigrant Visa Application form used for B-1 and other temporary visa categories. |
| Reciprocity Fees | Additional visa issuance fees charged based on bilateral agreements between the US and applicant’s country. |
Useful Links
| B-1 Business Visitor Visa Guidance | Travel.State.Gov |
| Visa Waiver Program Overview | Travel.State.Gov |
| ESTA Application | Official ESTA Site |
| DS-160 Online Application Form | Consular Electronic Application Center |
| Business Visa USA Guide | NNU Immigration |
Author
Founder and Managing Director Anne Morris is a fully qualified solicitor and trusted adviser to large corporates through to SMEs, providing strategic immigration and global mobility advice to support employers with UK operations to meet their workforce needs through corporate immigration.
She is recognised by Legal 500 and Chambers as a legal expert and delivers Board-level advice on business migration and compliance risk management as well as overseeing the firm’s development of new client propositions and delivery of cost and time efficient processing of applications.
Anne is an active public speaker, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals.
