Considerable difficulty has been experienced in arriving
at a clear and workable definition of ‘business” within the
contemplation of the statute. Soon after the designation
originally was fashioned in 1924, the Supreme Court ruled
that a primary aim of the statute was “to protect American
labor against the influx of foreign labor,” that “business”
contemplated only “intercourse of a commercial charac
ter,” and that persons who sought to make temporary visits
to perform labor were not nonimmigrants.
Adhering to the Supreme Court’s pronouncements in the
Albro case, the regulations specify that “business” refers
to legitimate activities of a commercial or professional
character and does not include purely local employment or
labor for hire.
Conversely, if the situs of the employment
is in Canada and if the activities in the United States are
merely incidental to that employment, or are designed to
promote international commercial intercourse, nonimmi
grant status may properly be claimed.
However, the line of demarcation often is shadowy and
the distinctions that have been made sometimes are
tenuous and unsatisfactory.
The administrative text suggested to determine if a non
immigrant “business” visit is involved includes the follow
(1) A clear intent to retain foreign residence and domicile.
(2) The principal place of business, and the place where
the profit accrues, remains in the foreign country.