B-1 Visa for a Recent Retiree

O

ocisug

Registered Users (C)
My brother has retired from a big reputable public sector company in India 2 years ago. He has just got a consultancy offer with a reputable big company in US. Most of his consulting work will be provided from his home in India through phone and email but the company requires short visits to their US facilities (say one month or less) from time to time. My brother has strong ties in India including grown up children and a recently built house, and has no intention of moving to USA what so ever (I am his only close relative here and I am a US citizen). He is excited to get this offer but worried that he may be denied B-1 due to his age (early sixties).

1. Is there any need to worry in this situation?
2. What documents will be needed for application? Should the US company word the letter in certain way to avoid any problems?
3. Is he better off taking a B-2 first (based on social ties to me) and then apply for B-1 after a week or two?
 
He needs to be truthful. His intention is to travel for business - not as a tourist.

It is unclear whether he has an established business in India which is providing the services to the US firm or whether he intends to work directly for the US firm.

The US company - or their attorney - should certainly know how to provide the proper documents. Your brother needs to verify with a US immigration attorney that his India business entity is properly presented to qualify. He needs to be sure that he does not need an H1B visa. Many companys send people to the US on H1Bs temporarily to set up the off shore work. H1B is far more expensive than B1; the company should not be attempting to circumvent the process by asking him to apply for B1.

I don't believe anyone other than an attorney can properly evaluate the specific of the arrangement (contracts and business licensing) to give a proper answer.
 
Thanks for the reply. My brother has no intention of hiding anything and he is going to be truthful. In his case he has no other business entity in India and this will be like a direct consulting employment, I guess. My question is does he really need an H1-B in this case or can he manage it with a B-1. Will it help if he sets up his own business (I guess he can file for his personal business entity provided it is not too expensive to create such an entity)? After all, he is retired and has intentions of doing consultancy for the next several years with different companies.
 
I do not know the answer since it would depend on the specifics of the situation. What concerns me is the purpose of B1 does not seem to fit his situation at this time. Some companies place their employees in situations which are not in full compliance with US law. His prospective employer may be 100% legitmate, but it is better to verify that independently. You are obviously concerned enough to ask; I am just giving an opinion that you are reasonable to be concerned enough to check further.

I suggest that he consult with a US immigration attorney with his contract proposals. With any luck, the attorney would be a recognized attorney in both countries and would help him to set up the proper business structure that is most advantageous to him from both the visa and tax perspectives.
 
Please ask him to consult with an attorney for the best advice.I doubt that H2B is appropriate. IMO if he has the experience to be a consultant, he is too well educated for that program.

It is harder to overcome a visa denial once it has occurred than to prepare better up front.

I wish him luck!
 
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