Can a Foreign National Work in the U.S. on a B-1 Visa?

We recently attended the Latin America and Caribbean Chapter (LACC) Conference in Barbados in November 2025. We make it a priority to attend at least 8 immigration conferences every year because it keeps us plugged into what is changing in business immigration adjudication standards. That is how we keep improving the immigration business plans, proposed endeavor plans, and other custom-made documentation we build to support attorneys nationwide with their clients’ visa petitions.

Now, let’s talk about a question we hear all the time, usually right when someone is trying to move a project forward: can a foreign national work in the United States under a B-1 visa? Immigration attorneys note that the answer can be yes, but only in limited and very specific circumstances.

What sparked this conversation in Barbados

At the conference, attorneys Melanie Keeney and Teri Simmons touched on a scenario that shows up more than people realize: a company outside the United States sells commercial or industrial equipment to a U.S. buyer, and then someone needs to come in and handle the technical part.

They anchored that discussion in a very real headline: the Hyundai-related immigration raid in Georgia on September 4, 2025, which put a spotlight on how aggressively B-1 activity can be scrutinized when the work and the documentation don’t line up with the permitted purpose.

If you have ever been part of an equipment purchase, you know the moment. The shipment arrives, everyone is excited, and then somebody says, “Okay… who’s installing it, configuring it, or training our team?”

When B-1 “work” can actually fit

According to the Foreign Affairs Manual, specifically 9 FAM 402.2-5 (E)(1) (U), a person may be eligible for B-1 classification if they are coming to the United States to:

Install, service, or repair commercial or industrial equipment or machinery purchased from a company outside the United States, or
Train U.S. workers to perform that installation, service, or repair.

That’s the opening. But this is not a broad permission. It’s a narrow lane with strict requirements.

The three details that decide everything

This is where most people either get it right—or accidentally turn a workable scenario into a risky one:

The contract of sale must specifically require the foreign seller to provide the service or training.
The visa applicant must possess unique knowledge essential to meeting the seller’s contractual obligation.
The applicant must receive no remuneration from a U.S. source.

Where people usually get tripped up

What made the Hyundai raid such a useful reference point in the room wasn’t that we were dissecting Hyundai’s contract terms. It was the reminder that when enforcement shines a spotlight on B-1 activity, the focus quickly turns to whether the documented purpose matches what the person is actually doing in the United States.

In situations like these, common pressure points include:

the contract and supporting documents not clearly spelling out that the foreign seller is required to provide installation or training,
descriptions that sound like day-to-day work at a U.S. site instead of a defined, contract-based service obligation, and
compensation arrangements that can be interpreted as coming from a U.S. source, even indirectly.

How we approach this from the business plan side

This is exactly why we pay attention to these rules when we’re building business plans and other supporting narratives. Our role isn’t to provide legal strategy, but to make sure the business story is clear, consistent, and grounded in real-world operations while also aligning with U.S. immigration law, so the overall filing reads as thoughtful, credible, and internally consistent from start to finish.

In practical terms, we focus on the business side of the story. We describe the underlying commercial transaction in plain language and clearly explain what the company is doing, why it’s doing it, and how it will operate. We align timelines, milestones, and operational steps so the plan makes sense on paper. We also use industry benchmarks and financials based on similar operations to avoid unrealistic numbers. And when we spot potential red flags, we flag them immediately and communicate them to the attorney right away so the attorney can decide how to proceed, adjust strategy if needed, and discuss options with the client.

The takeaway

Yes, a foreign national can sometimes perform certain limited services in the United States under a B-1 visa. But for that to hold up under scrutiny—especially in a climate shaped by high-profile enforcement actions like the September 2025 Hyundai raid—the activity has to be tied directly to an international equipment sale, required by contract, performed by someone with unique knowledge, and structured so there is no U.S.-source remuneration.

If you’re thinking, “So it’s all about the details,” you’re exactly right. In business immigration, the details are the case.

The information provided in this blog is intended solely for informational purposes. While we strive to offer accurate and up-to-date content, it should not be considered legal advice. Immigration laws and regulations are subject to change, and individual circumstances can vary widely. For personalized guidance and legal advice regarding your specific immigration situation, we strongly recommend consulting with a qualified immigration attorney who can provide you with tailored assistance and ensure compliance with current laws and regulations.

Visa Business Plans is led by Marco Scanu, a certified coach from the University of Miami with a globally-based practice coaching Fortune 1000 company executives, entrepreneurs, as well as professionals in four different continents. Mr. Scanu advises clients on turnaround strategies and crisis management.

Mr. Scanu received a bachelor’s degree in Business Administration (Cum Laude) from the University of Florida and an MBA in Management from Bocconi University in Milan, Italy. Mr. Scanu was also a Visiting Scholar at Michigan State University under the prestigious H. Humphrey Fellowship (Fulbright program) with a focus on Entrepreneurship, Venture Capital, and high-growth enterprises.

At present, Mr. Scanu is the managing partner and CEO at Visa Business Plans, a Miami-based boutique consulting firm providing attorneys and investors with business planning services in the areas of U.S. and Canadian immigration, SBA loans, and others.

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