I came across the question regarding whether an a foreign national can enter the United States pursuant to a B-1/B-2 visa to perform consultant services for a U.S. company. In this particular case, the U.S. company contracted a foreign LLC for consulting services and, in order for the foreign LLC to carry out its obligations, the foreign LLC wanted one of their employees to perform the service. Under a B-1/B-2 visa, is this permissible?
Since these activities would not be considering tourism, this foreign national would be considered a business visitor. As a B-1 business visitor, a foreign national may enter the United States to conduct business activities, such as, consulting with associates, negotiating contracts and, participating in trainings. Factors that U.S. Customs and Border Protection look at are:
- If you will be engaged in local employment and labor for hire
- Whether you will perform of skilled or unskilled labor.
- The location of the principal place of business
- The location where profits are being generated.
In the situation above, the foreign national would probably be admissible as a B-1 business visitor. Further, the B-1 business visitor should make clear that he will not be entering the U.S. labor market.
Regardless of your circumstance, it is advisable to talk with a qualified immigration lawyer to get advice about your specific circumstance. Engaging in activity that is considered authorized work and jeopardize your visa status so why risk it?
If you need more information or are seeking advice regarding your unique situation, please do not hesitate to contact our office.
Last Updated on February 16, 2025 by Ernest J. Edwards
