• An alien who is coming temporarily to the United States to fill a position of a permanent nature is generally not admissible as a B or H-2 nonimmigrant. However, personnel of foreign airlines engaged in international transportation of passengers and freight who seek to enter the United States for employment with the airline in an executive, supervisory or highly technical capacity may be admitted as B-1 nonimmigrants, unless a treaty of commerce and navigation is in effect between the United States and the country of the applicant's nationality, in which case the alien should be documented as E-1 if he is otherwise qualified. Such B-1 airline personnel must meet the criteria established for employees of treaty traders as described in 22 CFR 41.51(c). The notes to that regulation in Volume 9--Visas, Foreign Affairs Manual, contain information concerning the various treaties of trade entered into by the United States, and important information concerning certain limitations of treaty provisions. These notes must be consulted in considering matters involving this category of B-1 nonimmigrants.

• Personal and domestic servants may be classified as B-1 nonimmigrants if they are accompanying or following to join:
  1. United States citizen employers who can establish
     1. that they are subject to frequent international transfers lasting two years or more as a condition of their employment, and that they are returning to the United States from such an assignment,

     2. their current assignment in the United States will not be for over 4 years,

     3. the personal or domestic servant has been employed by them abroad for at least six months prior to admission into the United States,

     4. the servant will reside in their household and will be provided a private room and board, without cost to the servant,

     5. the servant will work only for them; and

     6. both the employer and employee have signed a contract which guarantees that the servant will receive at least the prevailing wage for domestics in the area of employment, that all other benefits normally given to U.S. workers in the area of employment will be granted to the servant; that round trip airfare will be provided to the servant; that the servant will not be required to give more than two weeks notice of intent to leave the employment; that the employer will give at least two weeks notice of intent to terminate the employment. Evidence to establish qualifications under this subparagraph may include personnel records and statements from the citizen's employer, and must include a signed and dated copy of the contract between the employer and servant; or,

  2. nonimmigrant employers who seek admission to, or are already in the United States in B, E, F, H, I, J, or L nonimmigrant status, provided the employee can show he has a residence abroad he does not intent to abandon (notwithstanding the employer himself may be in a nonimmigrant status which does not require such a showing), and further provided the employee has been employed abroad by the employer as a personal or household domestic servant for at least one year prior to the date of the employer's admission to the United States, or that the employer-employee relationship has existed prior to the time of application and the employer can demonstrate that he has regularly employed (either year-round or seasonally) a personal or domestic servant over a period of several years immediately preceding the time of application, and the employee can demonstrate at least one year's experience as a personal or domestic servant.

• Persons engaged in activities in the outer continental shelf are under the jurisdiction of the United States Coast Guard. Any person inquiring about his or her right to engage in employment on the outer continental shelf should be referred to the Coast Guard. Nonimmigrants destined to the outer continental shelf normally will be classified B-1, and consular officers will annotate such visas ``OCS'' (see OI 235.1(m)(2)).

• Each of the following may also be classified as a B-1 nonimmigrant if he/she is to receive no salary or other remuneration from a United States source (other than an expense allowance or other reimbursement for expenses incidental to the temporary stay):
  1. An alien, otherwise classifiable as an H-1 nonimmigrant, who is coming to perform temporary services in the United States other than as an entertainer; however, an entertainer who is classifiable H-1 may be classified B-1 if coming to participate in a cultural program sponsored by his/her government, will be performing before a nonpaying audience, and all expenses, including per diem, will be paid by his/her government. (See Foreign Affairs Manual, Vol 9 visas, Note 4.2 at 22 CFR 41.25).

  2. An alien entertainer, even though not of H-1 caliber, who is a resident or national of Canada or Mexico and is coming to the border area of the United States to participate in a long-established religious festival or ceremony, or in a long established bi-national civic celebration.

  3. An alien, otherwise classifiable as an H-3 nonimmigrant who is already employed abroad and will continue to receive his/her salary from the foreign employer on whose behalf he/she is coming to undertake training in the United States.

  4. An alien, otherwise classifiable as an H-3 nonimmigrant, who is a student at a foreign medical school and is coming to take an "elective clerkship" (practical experience and instruction in the various disciplines of the practice of medicine under the supervision and direction of faculty physicians) at a United States medical school's hospital as an approved part of the foreign medical school education.

  5. An alien coming to install, service, or repair commercial or industrial equipment or machinery purchased from a company outside the U.S. or to train U.S. workers to perform such service, provided: the contract of sale specifically requires the seller to perform such services or training, the alien possesses specialized knowledge essential to the seller's contractual obligation to provide services or training, the alien will receive no remuneration from a U.S. source, and the trip is to take place within the first year following the purchase.

  6. An alien member of a religious denomination coming temporarily and solely to do missionary work in behalf of that denomination, if such work does not involve the selling of articles or the solicitation or acceptance of donations.

  7. An alien coming temporarily to participate in a voluntary service program conducted by a recognized religious body. The alien shall present to the examining officer a written statement issued by the appropriate religious organization. The statement must contain the following items of information:
     1. Identity of the volunteer including name, date and place of birth;
     2. name and address of initial destination in U.S.;
     3. name and address of project in U.S. to which assigned; and
     4. anticipated duration of assignment.

  8. An alien, who is coming temporarily to the United States to attend an executive seminar.

  9. An alien, who has been invited to participate in the training of Peace Corps Volunteers or who is coming to the United States under contract pursuant to sections 9 and 10 (a)(4) of the Peace Corps Act (75 Stat. 612). Aliens admitted under this provision may be paid a salary for services performed in accordance with the Peace Corps Act.

  10. An alien, coming temporarily to perform services for his foreign employer as a jockey, sulkey driver, trainer or groom. The alien may not work in this country for any other foreign or United States employer.

  11. An alien, who is coming to the United States to seek an investment which would qualify him/her for status as an E-2 investor, provided that the alien does not perform productive labor or actively participate in the management of the business prior to receiving a grant of E-2 status.

  12. An alien, who is coming to the United States to open or be employed in a new branch, subsidiary, or affiliate of the foreign employer, if he/she will become eligible for status as an L-1 upon securing the evidence required in 8 CFR 214.2(1) regarding proof of aquisition of physical premises.

  13. An alien athlete or team member who meets all of the following criteria:
      1. "A" The player seeks to enter the U.S. as a member of a foreign based team in order to compete with another sports team.

      2. "B" The foreign sports team and the foreign athlete have their principle place of business or activity in a foreign country.

      3. "C" The income of the foreign based team and the salary of its players are principally accrued in a foreign country.

      4. "D" The foreign based sports team is a member of an International Sports League or the sporting activities involved have an international dimension.

• In all other instances, an alien classified as an H-2 nonimmigrant may not be classified as a B-1 nonimmigrant even if his/her salary is paid by a source outside the United States. A visa petition must be filed on behalf of such nonimmigrant alien accompanied by a certification from the Secretary of Labor or his designated representative or by a notice that such certification cannot be made, to enable the Service to determine among other things whether any unemployed persons capable of performing the same services are available in this country.