Legal Definitions - business visitor

The term business visitor has two distinct meanings depending on the area of law:

1. In Torts (Premises Liability)

In the context of tort law, a business visitor (also sometimes called a business invitee or business guest) is an individual who enters or remains on someone else's property for a purpose directly or indirectly connected to the property owner's business dealings. Property owners owe a higher duty of care to business visitors than to other types of visitors, meaning they must take reasonable steps to ensure the premises are safe and to warn of any known dangers.

• Example 1: A customer enters a local coffee shop to purchase a beverage.

  Explanation: The customer is on the coffee shop's property for a purpose directly related to the shop's business (making a sale). Therefore, the coffee shop owner owes the customer a duty to maintain a safe environment, such as ensuring floors are not slippery or furniture is stable.

• Example 2: A delivery driver brings a shipment of office supplies to a law firm's reception area.

  Explanation: The delivery driver is on the law firm's premises to complete a transaction that benefits the firm's operations. The law firm has a responsibility to ensure the path to the reception area is free from hazards that could cause injury to the driver.

• Example 3: A job applicant arrives at a company's headquarters for a scheduled interview.

  Explanation: Even though no direct business transaction has occurred yet, the applicant is on the property for a purpose connected to the company's business (hiring personnel). The company must ensure the interview area and common paths are reasonably safe for the applicant.

2. In Immigration Law

In immigration law, a business visitor refers to a non-U.S. citizen who enters the United States with a B-1 visa. This visa category allows individuals to engage in certain temporary business activities, such as attending conferences, negotiating contracts, or consulting with business associates, but it generally does not permit them to be employed by a U.S. entity or receive payment from a U.S. source for services rendered within the U.S.

• Example 1: A software engineer from India travels to San Francisco to attend a major technology conference and network with industry peers.

  Explanation: The engineer is visiting the U.S. for a temporary business purpose (attending a conference and networking) without seeking employment or receiving payment from a U.S. company. This activity is permissible under a B-1 business visitor visa.

• Example 2: A German executive flies to New York to meet with a potential U.S. distributor to negotiate the terms of a new product distribution agreement for their company's goods.

  Explanation: The executive's visit is solely for the purpose of negotiating a contract on behalf of their foreign employer. They are not performing work for a U.S. company or receiving a salary from a U.S. source, making them a business visitor under immigration law.

• Example 3: A Canadian consultant travels to a client's office in Boston to observe their operations and provide recommendations for process improvement, with the final report and payment handled by their Canadian firm.

  Explanation: The consultant is providing services to a U.S. client, but the actual employment relationship and compensation remain with their foreign company. This type of temporary, advisory visit, where the primary work and payment originate outside the U.S., often falls under the B-1 business visitor category.