• The B-1 category is appropriate for aliens who wish to come to the United States to engage in temporary commercial, business, or professional activities related to their employment or business abroad, provided that the U.S. activity does not constitute "employment" in the U.S. State Department regulations define the statutory term "business" fairly broadly: 22 C.F.R. § 41.31(b)(1)
• The term "business," as used in INA 101(a)(15)(B), refers to conventions, conferences, consultations and other legitimate activities of a commercial or professional nature. It does not include local employment or labor for hire.
• Although the regulatory definition is broad, the scope of activity considered by the Department of State and DHS immigration bureaus to be legitimate for B-1 purposes is limited. The State Department Foreign Affairs Manual (FAM) admits that "It can be difficult to distinguish between appropriate B-1 business activities, and activities that constitute skilled or unskilled labor in the United States that are not appropriate on B status." The FAM goes on to state that, "The clearest legal definition comes from the decision of the Board of Immigration Appeals in Matter of Hira, affirmed by the Attorney General. Hira involved a tailor measuring customers in the United States for suits to be manufactured and shipped from outside the United States. The decision stated that this was an appropriate B-1 activity, because the principal place of business and the actual place of accrual of profits, if any, was in the foreign country."

The FAM lists numerous examples of uses of the B-1 that the State Department has found to fit within the parameters of the regulatory definition of business, most of which "relate to the Hira ruling, in that they relate to activities that are incidental to work that will principally be performed outside of the United States."

An alien is classifiable as a B-1 nonimmigrant visitor for business if he or she can satisfy the consular officer (when applying for a B-1 visa) and the immigration inspector (when applying for admission to the United States) that he or she qualifies under the provisions of INA 101(a)(15)(B). Evidence which shows the purpose of the trip, intent to depart the United States, and arrangements made to cover the costs of the trip should be provided. Persons traveling to the U.S. on business can present a letter from the U.S. business firm indicating the purpose of the trip, the bearer's intended length of stay and the firm's intent to defray travel costs. Documentation from the alien's business or occupation abroad should complement any documentation coming from a U.S. concern.