A visit by a foreign national may take place under the B-1 Nonimmigrant Visa, provided the proposed visit falls within the permitted business activities. Note that the B-1 classification does not allow for employment or any unauthorized labor. Compensating a foreign national for services would clearly be contrary to the spirit of the classification and could amount to "local employment."
Activities that clearly apply to the visit of international scholars under a B-1 visa
Participation in Conferences or Seminars
You can attend scientific, educational, professional, or business conferences, conventions, or seminars.
Undertaking Independent Research
The B-1 visa may allow independent research in some cases, but it:
- must be purely observational or consultative
- cannot involve active collaboration or contribution to ongoing research projects
Business Meetings and Consultations
You can attend business meetings and consult with business associates or partners in the U.S.
Observation of Business Practices
The B-1 visa may be used for observing but not directly contributing to business activities (i.e., no active work).
Activities that generally do not apply to the B-1 visa
Collaborative or Guided Research
A B-1 visa does not allow active participation in collaborative or guided research. This includes hands-on research or any research that requires you to work in coordination with a U.S. institution or researcher.
Practical Experience (On-the-Job Training)
A B-1 visa does not allow foreign nationals to gain practical experience or engage in training typically associated with employment or active work.
Providing Services to the Host Institution (e.g., Texas A&M)
If your visit involves providing services that benefit the institution or organization in a way that would otherwise require an employee or contractor, it is not allowed under the B-1 visa.
Volunteering to Perform Work That the Host Would Otherwise Hire For
Volunteering to do work that an organization would typically pay someone to do (such as research or administrative tasks) is not permitted.
Payments
Reimbursement for expenses like travel, housing, and meals is allowed but should not exceed reasonable amounts.
No direct compensation for services rendered is allowed, as the B-1 visa is not intended for employment or remuneration.
Best Practices
The B-1 visa may allow independent research if it doesn't involve active participation or collaboration in research projects, especially if you are not compensated.
Collaborative research or guidance in research projects require a different visa, such as a J-1 Exchange Visitor Visa for academic or research purposes.
Work-related activities, including providing services or contributing directly to a research project, are not permitted on a B-1 visa, as this would be considered employment.
Before inviting a foreign national to campus, contact Engineering Human Resources to obtain appropriate guidance as to whether or not a visit under the B nonimmigrant category is advisable. Contact Engineering HR for approval and paperwork processing at engineeringhrvisitors@tamu.edu.