Visitor for Business (B-1)

2026 Regulatory Compliance & Global Mobility

The B-1 classification remains the primary vehicle for short-term international business. However, recent DHS guidance and FAM updates strictly define the boundary between “business activity” and “productive employment.”

⚠️ ENFORCEMENT ALERT: CBP has intensified scrutiny on “Productive Work.” Activities involving hands-on labor or direct supervision of U.S. workers are strictly prohibited.

Permissible Activities (9 FAM 402.2)

Commercial Transactions

Negotiating contracts, soliciting sales (for goods/services produced abroad), and settling estates or litigation.

Technical Service (After-Sales)

Installing or servicing commercial machinery purchased from a non-U.S. company, pursuant to the original sales contract.

Professional Conventions

Attending scientific, educational, or professional seminars. *Honorariums strictly limited under INA § 212(q).*

High-Scrutiny Categories

  • Domestic Employees: Must accompany a qualifying employer and strictly adhere to U.S. prevailing wage laws and contract requirements.
  • Medical Electives: Unpaid observation for medical students (no patient care allowed).
  • Board Members: Attending Board of Directors meetings for U.S. corporations is permitted.

The “Source of Remuneration” Rule

To qualify for B-1 status, the primary accrual of profits must remain abroad.

The applicant cannot receive a salary or payment from a U.S. source, other than reimbursement for incidental expenses.

Strategic Representation

  • Border Preparedness: Customized “Mock Interview” preparation to navigate heightened CBP questions regarding remote work and intent.
  • Port of Entry Support: Immediate legal intervention protocols for deferred inspections.
  • Change of Status: Filing B-1 extensions or changes (COS) to H-1B/L-1 when appropriate.
  • Contract Review: Drafting compliant employment contracts for B-1 Domestic Workers to meet State Dept standards.

Navigate the New Regulations

Contact Wang Law PLLC to ensure your business travel is fully compliant.