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Global Visas

Short-Term Visas / Business Visas

 

Overview

A business visitor visa is a short-term, nonimmigrant visa issued by the foreign Consulate of the host country. A business visitor visa enables an individual to enter the host country to perform permitted activities in the host country for a specified period of time. In some cases, a treaty or special agreement authorizes entry into the host country without needing to obtain a visa.

Business visitors may participate in permitted business activities consistent with the allotted time of the visa. Each country defines permissible business visitor activities somewhat differently and permitted activities may change. In general, business visitor activities may include the following:

  • Participate in professional meetings for the mutual benefit of the home country employer and the local entity, including sales meetings with customers;
  • Participate in training sessions and/or exhibitions and seminars organized by the company, trade organizations, and universities;
  • Aid in the establishment or review of financial or human resources concerns;
  • Represent shareholders or exercising fiduciary oversight of local affiliates or branches, particularly for senior managers or executives;
  • Conduct internal audits;
  • Assist the local host country lawyers in resolving United States legal issues. Visiting U.S. lawyers usually may not advise on the host country laws unless they are registered with the host country Bar Association;
  • Install equipment and provide temporary services to the local office or client, especially for corporate personnel and manufacturing technicians;
  • Solicit orders, provide product information, negotiate contracts and resolve issues with customers for sales and marketing personnel; and
  • Negotiate with unrelated third parties who are potential acquisition targets, or to negotiate a contract for joint ventures, manufacturing affiliations, joint marketing, sourcing and licensing agreements, particularly for executives and managers.

In order to qualify for business visitor visas, employees generally must meet the following requirements:

  • Must maintain a residence and an employer outside of the host country. The business visitor must intend to visit the host country for a limited and pre-set time period and may not be subordinated to the management of the entity doing business in the host country;
  • Must receive compensation/salary from the employer in the home country; however, incidental expenses such as hotel room, cost of travel, and meals may usually be paid by the host company;
  • Must have proof of adequate funds to defray expenses while on the business visit;
  • Must have specific, realistic, and articulable plans for his or her stay in the host country; and
  • The period of intended stay must be consistent with the intended purpose of the trip.

The business visitor visa application must be submitted to the foreign Consulate having jurisdiction over the applicant's place of residence. The following documents are often required when applying for a business visitor visa:

  • Completed application;
  • Valid passport;
  • Passport-size photographs;
  • Supporting letter from the applicant's employer, verifying that the employee is employed in the home country, justifying the purpose of the temporary trip, and attesting that all travel and lodging expenses of the visitor are guaranteed by the employer;
  • Invitation letter from the host country company confirming the purpose of the trip to the host country and identifying all local contact information such as name, address, and telephone number;
  • Proof of lodging in host country;
  • Proof of residence in country of application;
  • Proof of health coverage in home country; and
  • Copy of travel itinerary.


Procedures for Business Visa Applications

Start

  • Employer and applicant forward completed worksheets and documents to Berry, Appleman & Leiden (BAL) to initiate the case.
  • Information and documents are reviewed and organized by BAL.
  • BAL performs legal analysis and develops case strategy.

Documents (Application Preparation)

  • BAL prepares forms and assists in obtaining required supporting documents, if necessary.
  • BAL prepares documents for applicant, applicant's spouse and children, if included in process.
  • Home country employer's signatory reviews, signs, and returns documents to BAL.
  • Applicant, applicant's spouse reviews, signs and returns documents to BAL.
  • Host country signatory reviews, signs, and returns documents to BAL.

Government Agency (in the host country or foreign Consulate)

  • BAL (and co-counsel when necessary) files application with appropriate foreign Consulate.
  • Foreign Consulate approves business visa.
  • If needed, BAL prepares applicant for interview for visa.

Visa & Tracking

  • BAL prepares applicant (and accompanying family members, if applicable) for host country admission.
  • Immigration Officer endorses business visitor's passport with entry stamp allowing entry to the host country for a specific period of time.
  • Applicant (and family members where applicable) provides copy of visa and passport entry stamps to BAL.
  • BAL tracks expiration of authorized entry.
 

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