Going to the US on business for longer than ESTA allows?

The US B-1 visa is a short-term business visitor visa for trips such as meetings, conferences, contract negotiations and short training. Korea is a member of the US Visa Waiver Program (VWP), so most short business trips are made on ESTA, and the question we hear most from people who travel for work is whether ESTA is enough or a visa is needed. When the stay runs long, the schedule may slip, or ESTA cannot be used, the B-1 is the route. It is a visa for visiting on business, not for working: employment in the US and locally hired labor are not permitted. What decides the application is showing, on paper, why you are going and that you will come back.

What this covers

• A first check on whether the trip fits ESTA or needs a B-1 visa
• The supporting documents for a B-1 application made through the US Embassy in Seoul: papers proving the purpose of the trip, and papers proving funds and ties to Korea
• Certified English translation, with a 번역확인증명서 (Certificate of Translation), of Korean documents that cannot be issued in English
• Activities the B-1 allows, among others: consulting with business associates (client meetings, visits to partner companies), attending a convention, academic conference or trade show on specific dates, negotiating contracts, short-term training at a head office or partner company, and settling an estate in the US

ESTA or B-1

• How to apply: ESTA is an online application. The B-1 takes the DS-160 online form and an interview at the embassy.
• Length of one stay: up to 90 days on ESTA. On a B-1, up to 6 months initially.
• Extension: not possible on ESTA. On a B-1, an extension can be requested with Form I-539, generally up to a total of one year for one visit.
• Change of status inside the US: not possible on ESTA, possible on a B-1.

A B-1 is worth reviewing when one stay has to exceed 90 days, when the work on site may run longer than planned, or when ESTA has been refused or the traveller is not eligible for it, for example because of past travel to certain countries designated by the US. Korean nationals are commonly issued a combined B-1/B-2 visa.

The five things an applicant has to show

1. The visit has a legitimate business purpose.
2. The stay is for a specific, limited period, with a clear date of departure and return.
3. There are enough funds for the trip and the stay, paid by the traveller or by the company.
4. The applicant has a residence outside the US that they do not intend to give up, and firm ties that ensure return: a home, a job, family in Korea.
5. The applicant otherwise meets the conditions for admission to the US, with no past overstay or ground of inadmissibility.

In practice the fourth point carries the most weight. The officer's basic question is whether this person might stay on in the US, so the reasons to return (employment in Korea, family relations, property) have to be clear from the documents.

What we handle

• Sorting out which documents your case needs and how to prepare them
• Putting together the supporting set: the US-side invitation letter, the company's business-trip order or statement of purpose, conference registration where relevant, the employment certificate, income proof such as the 소득금액증명원 (income certificate from the tax office) and pay slips, asset proof such as a property registry extract or bank balance certificate, and the family relation certificate
• Checking first which Korean certificates can be issued in English, and translating the rest into English with a 번역확인증명서
• Matching job titles, amounts and dates in every translation to the original, line by line

How the process works

1. You tell us the purpose, dates and length of the trip, and whether ESTA has been used or refused before. We review whether a B-1 is the right route.
2. We list the documents for your case and you collect the originals: employer papers, income and asset records, family certificates.
3. We prepare the supporting set and the certified English translations.
4. The visa itself is applied for through the US Embassy in Seoul: the DS-160 form, the visa fee and an interview, to which the applicant brings the passport, DS-160 confirmation, photo, fee receipt and appointment confirmation.

Who typically needs this

Employees and business owners whose US trip will last more than 90 days at a time or may be extended on site, travellers whose ESTA was refused or who are not eligible for ESTA, and companies sending staff to a US head office or partner for meetings, negotiations or short training.

Common mistakes

• Treating the B-1 as a work visa. Taking a job in the US or doing locally hired work is not allowed.
• Assuming that holding the visa fixes the length of stay. The period of each stay is set by the officer at the port of entry, so check the expiry date on the I-94 record after arrival and file the I-539 before that date if more time is needed.
• Expecting family to travel on the applicant's B-1. There is no dependent B-1, and a spouse and children each prepare their own B-2 visa.
• Submitting a translation in which a job title, an amount or a date differs from the original. One small error lowers the credibility of the whole file.
• Giving interview answers that do not match the documents.

Timeline

The schedule turns on the embassy interview date, so the supporting documents and translations should be finished before the appointment. Someone already in the US in another valid nonimmigrant status can file Form I-539 with USCIS to request a change to B-1 status.

Need Korean family or marriage records translated for a US immigration filing instead? See vital records translation for overseas immigration. For other documents, see certified translation and verification certificates.