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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.
- 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.
- 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.
- 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.
- 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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