| The following article discusses American business | | | | be used strictly for non-immigrant purposes a Consular |
| visas and similar travel documents used by foreign | | | | Officer must examine a US business visa application |
| nationals to travel to the United States for business | | | | so as to be satisfied that the applicant will not use the |
| purposes. | | | | visa with immigrant intent. This is the point at which the |
| Business travel to the United States can be a difficult | | | | "strong ties" vs. "weak ties" analysis comes to the |
| endeavor for foreign nationals outside of the USA. | | | | foreground. Those parties seeking a non-immigrant |
| This is due to the fact that officer of the American | | | | travel document such as a B-1 visa must show that |
| government tasked with adjudicating visa applications | | | | they have "strong ties" to their country of origin, or |
| must scrutinize those applications in accordance with | | | | another country outside of the USA, and "weak ties" |
| the provisions of the United States Immigration and | | | | to America. |
| Nationality Act as well as other relevant Federal law. | | | | That said, there are other business and employment |
| Unfortunately for some, application of relevant law can | | | | visa categories aside from the B1. For instance, an L-1 |
| sometimes result in an adverse finding against the | | | | visa allows the visa holder to have "dual intent". This |
| individual seeking a United States business visa. This | | | | implies that the visa holder may maintain a subjective |
| forthcoming analysis is an examination of common | | | | intention to travel to the United States for temporary |
| reasons for refusal of a business visa to the USA. | | | | purposes, but also have an intention to immigrate to |
| A US B1 visa is a non-immigrant visa. Thus, in order to | | | | the USA as well. An US H-1 visa is a dual intent travel |
| be approved for a B-1 visa the applicant must | | | | document as well. Regardless of the fact that section |
| overcome the statutory presumption of immigrant | | | | 214(b) does not apply to some other business visa |
| intent pursuant to section 214(b) of the American | | | | categories, a Consular Officer must still adjudicate the |
| Immigration and Nationality Act. Section 214B requires a | | | | merits of a visa application in order to be certain that |
| Consular Officer to deny a US visa application if they | | | | the applicant is not inadmissible to the United States. |
| believe, based upon the facts, that the applicant will | | | | Further, Officers must also be vigilant in guarding |
| use the visa for undisclosed immigration. For example, | | | | against applicants committing fraud and |
| this would occur if an individual applied for a business | | | | misrepresentation as the Consular Officer may be |
| visa, obtained approval, traveled to the USA, and | | | | tasked with making legal conclusions based upon facts. |
| remained indefinitely. As the United States B1 visa is to | | | | |