The recent federal operation carried out at the plant of a well-known car company in the United States has drawn the international market’s attention to an increasingly strategic issue: immigration compliance. The case shows that, in a scenario of strict inspection, there is no room for improvisation when it comes to sending foreign professionals to work on US soil.

The Case of the Company and Increased Supervision

The operation brought to light the presence of foreign workers performing functions that were not compatible with the type of visa used. Although the investigations are ongoing, the repercussions demonstrate how risky it is for multinational companies to neglect immigration details. The consequences can include severe fines, operational restrictions and damage to corporate reputation.

The Appropriate Visa: B-1 with Annotation 9 FAM 402.2-5(E)(1)

When foreign companies sell machinery and equipment to customers in the United States, they often need to send specialized technicians for installation, training or maintenance. In these situations, it is not enough to use ESTA or a generic B-1 visa.

The correct instrument is the B-1 visa with specific annotation in accordance with 9 FAM 402.2-5(E)(1) – Commercial or Industrial Workers.

This annotation provides clarity and legal backing, recording on the visa that the professional is authorized to carry out practical activities related to industrial equipment without this being interpreted as an employment relationship in the USA.

Main Benefits of B-1 Annotated

  • Secure Legal Basis: expressly provided for in the Foreign Affairs Manual (FAM).
  • Lower Risk of Immigration Obstacles: CBP recognizes the specific purpose of the trip.
  • Greater flexibility: up to 6 months’ stay per entry, with the possibility of extension.
  • Protection for the company: demonstrates compliance and avoids questions about irregular hiring.

Compliance as a Corporate Strategy

More than a legal requirement, migration compliance must be understood as part of corporate strategy. Companies that operate in the United States and regularly send professionals for technical assistance need to adopt clear and preventive processes, guaranteeing legal security for both the workers and the organization itself.

This company’s case sends out an unmistakable message: compliance is indispensable for the continuity and success of international operations. The B-1 visa with annotation 9 FAM 402.2-5(E)(1) is a practical example of how to align the company’s operational needs with the legal requirements of the US government.

Written by Chris Costa, Senior Immigration Attorney at Drummond Advisors