Temporary Visitor for Business

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 following elements:

(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.