Business Visa for the Abundance of America
-Sudhir Shah, Advocate, Mumbai

Business Visa for the Abundance of America - Sudhir Shah, Advocate The Immigration and Nationality Act, 1952 of America u/s 101 provides for different types of non-immigrant visas. There are two types of visas for America. Those who want to stay there permanently require Immigrant visas. After receiving the same upon entering USA they are granted Green Cards. Green Card is the nick name of the official name Alien Registration Receipt and today they are not green in colour. Those who want to travel to USA for specific purpose for short duration with no intention of permanently residing there need to obtain non-immigrant visas. They are of several kinds for different purposes. Some of them like H-1B visas are restricted by yearly quotas.

Section 101(a) (15) (b) (1) provides for business visas. These visas are the most sought after visas by aliens and are issued in large numbers. 

On a business visa an alien cannot transact actual business in USA. He also cannot work or take up an employment in USA. He merely receives the status of a businessman and is allowed to perform business function there such as meeting customers marketing its products advertising itself, give and take orders, attend business meetings seminars and conferences and participate in trade fairs and exhibitions etc.

To be eligible to receive a business visa of USA an alien has to first pay the visa processing fees which today is US $ 131 equivalent to Indian Rupees 5240 and Rs.322 towards logistic fees. Thereafter the application for visa has to be submitted by filling in forms DS-156 and DS-157 online whereupon he will receive a date and time for personal interview. Normally such appointment is scheduled 2 weeks or more from the date of the application. The forms submitted online are required to be downloaded and after affixing his photographs taken in the prescribed manner and signing them, these forms have to be submitted to the designated Visa Facilitation Service Center 3 or 5 days before the interview date.

On the appointed interview date the alien should personally go the embassy or consulate alongwith this passport and receipt of the payment of visa processing fees and documents such as his income tax returns, bank statements, invitation letter, affidavit of support etc which would indicate his bonafide intentions to visit USA only as a Businessman and financial capability to meet with the expenses of the trip as well as Non Immigrant intention and strong family and financial ties in home country. On satisfying the consular officer about his genuine business purpose and non immigrant intention he would be granted the Business visa. On a Business visa the maximum period which is allowed for stay in USA is 6 months. However in urgent situation and unavoidable circumstances this period can be extended for an aggregate 365 days on expiry of which the alien must leave USA. many Businessman despite their intentions to visit USA only for business purposes which no intention of permanently residing there and having all the requisite qualification to receive this visa fail in receiving the same. As they are unaware as to how they should go about in presenting themselves to the consular officer. A prudent businessman therefore always seeks prior professional guidance from an Advocate well versed in USA Immigration Laws.