Speaking at US conferences is one of the most common ways to build an EB-1A or O-1 record, and many people do it before they hold a US work visa. The B-1 visitor visa allows it, within limits. The Foreign Affairs Manual lists people traveling to "participate in scientific, educational, professional, or business conventions, conferences, or seminars" as appropriate B-1 visitors (9 FAM 402.2-5(B)).
As of October 26, 2026, the hard line is pay. This guide explains what B-1 visitors and Visa Waiver Program travelers can do at conferences and when they can be paid.
- B-1 visitors may participate in scientific, educational, professional or business conventions, conferences or seminars.
- A B-1 visitor may not receive a salary from a US source for services rendered in the United States.
- A US host may pay actual, reasonable travel and living expenses incidental to the visit.
- INA 212(q) allows an academic honorarium for usual academic activities at qualifying institutions.
- The honorarium limits are 9 days at any single institution and no more than 5 institutions in 6 months.
- Visa Waiver Program travelers enter as visitors for up to 90 days and are generally limited to the same visitor activities.
What business activities does a B-1 allow?
The Foreign Affairs Manual lists these as B-1 activities (9 FAM 402.2-5(B)):
| Activity | Example for EB-1A and O-1 candidates |
|---|---|
| Participate in conventions, conferences or seminars | Presenting a paper, speaking on a panel, attending |
| Consult with business associates | Meeting collaborators or clients |
| Negotiate contracts | Discussing a role, a licensing deal or a partnership |
| Commercial transactions without gainful employment in the US | Taking orders for goods made abroad |
| Undertake independent research | Archival or field research |
| Litigate | Appearing in a case |
The manual also explains the boundary: B-1 business "generally entails business activities other than the performance of skilled or unskilled labor," so a B-1 visa "is not appropriate for applicants who intend to obtain and engage in employment while in the United States" (9 FAM 402.2-5(A)). It traces the principle to Matter of Hira, where the activity was acceptable because "the principal place of business and the actual place of accrual of profits, if any, was in the foreign country" (same).
Can the organizer pay your expenses?
Yes. "A nonimmigrant in B-1 status may not receive a salary from a U.S. source for services rendered in connection with their activities in the United States. A U.S. source, however, may provide the applicant with an expense allowance or reimbursement for expenses incidental to the temporary stay" (9 FAM 402.2-5(F)(1)).
Those expenses "may not exceed the actual reasonable expenses" of travel to and from the event plus living costs such as "meals, lodging, laundry, and other basic services" (same). Flights, a hotel and per diem are normal. A flat fee well above actual costs looks like pay.
When can you accept an honorarium?
Only within the academic honorarium exception in INA 212(q) (8 U.S.C. 1182(q)). A person admitted in B status "may accept an honorarium payment and associated incidental expenses for a usual academic activity or activities (lasting not longer than 9 days at any single institution)" if:
- The payer is an institution described in INA 212(p)(1): an institution of higher education or related nonprofit, a nonprofit research organization, or a governmental research organization;
- The payment is "made for services conducted for the benefit of that institution or entity"; and
- The person "has not accepted such payment or expenses from more than 5 institutions or organizations in the previous 6-month period."
The Foreign Affairs Manual adds that usual academic activities "can include lecturing, guest teaching, or performing in an academic sponsored festival" (9 FAM 402.2-5(F)(2)). A keynote fee from a for-profit company's conference does not fit this exception.
What does the consular officer check?
Three things. Officers must assess whether the applicant has "a residence in a foreign country, which they do not intend to abandon," intends to enter "for a period of specifically limited duration," and seeks admission "for the sole purpose of engaging in legitimate activities relating to business or pleasure." An applicant who fails any of these is refused under INA 214(b) (9 FAM 402.2-2(B)).
For a conference trip, that usually means carrying the invitation, the event program, details of who pays which expenses, and evidence of your job and home abroad. If you have a green card petition pending, expect closer questions about the temporary nature of the trip, since B visitors do not have dual intent.
Can founders and board members use a B-1?
For some activities. The manual lists "a member of the board of directors of a U.S. corporation seeking to enter the United States to attend a meeting of the board or to perform other functions resulting from membership on the board" as a B-1 visitor (9 FAM 402.2-5(C)(3)). Meeting investors, negotiating contracts and consulting with business associates also fit. Running day-to-day operations, writing code or managing staff for a US company does not, because that is employment. Founders who need to work in the United States should look at the O-1, E-2 or H-1B instead; our guide to the E-2 visa for Indian founders covers one of those routes.
What about ESTA and the Visa Waiver Program?
Travelers from Visa Waiver Program countries enter as visitors without a visa. The statute describes them as applying for admission "as a nonimmigrant visitor (described in section 1101(a)(15)(B) of this title) for a period not exceeding 90 days" (8 U.S.C. 1187(a)(1)). Because they are admitted as B visitors, the same conference activities and limits on pay apply. Visa Waiver Program visitors are also among those barred from changing to another nonimmigrant status inside the United States (8 CFR 248.2(a)(6), 2025 edition), so a conference trip on ESTA cannot be converted into an O-1 or H-1B stay without leaving.
Do you need a B-1 or a B-1/B-2 visa?
Most people hold a combined visa. The Foreign Affairs Manual lets consular officers issue "combined B-1/B-2 visas to qualified applicants whose principal purpose for visiting the United States at various times falls within the B-1 or B-2 category" (9 FAM 402.2-5(C)). A combined visa covers a trip that mixes a conference with a few days of tourism. What matters at the border is the purpose of the specific trip, so be ready to explain it.
How does this help an EB-1A or O-1 case?
Conference activity is evidence. Invited talks support a record of recognition, peer review of conference papers supports the judging criterion, and published conference presentations can support scholarly authorship. Our guides to getting speaking invitations and finding judging opportunities explain how to build these. Keep the invitation, the program listing your name and proof of your participation from every event.
What this means for you
- Treat US conference trips as visitor activity: attend, present, network, negotiate.
- Accept travel and living expenses at actual, reasonable cost, not a lump-sum fee.
- Take an honorarium only from a university, nonprofit research or government research institution, within the 9-day and 5-in-6-months limits.
- Avoid doing productive work for a US company during the visit, even remotely while you are in the country.
- Carry the invitation, program and expense details when you travel.
- Keep documentation of each event for your future EB-1A or O-1 petition.
Where to start
Our free evaluation at /evaluate/ maps your record against the O-1 and EB-1A criteria, and Frank, our AI assistant at /frank, finds real opportunities, such as speaking and judging, for the criteria you are missing. Petitions are reviewed and filed by our partner law firm, Lai & Turner. Our guide to O-1 without a big award shows how conference activity fits into a case.
Sources
All checked October 26, 2026.
- 9 FAM 402.2, Tourism and Visitor Visas (B) (Foreign Affairs Manual). Permitted B-1 activities; Matter of Hira; expenses; honoraria.
- 8 U.S.C. 1182(q) and (p)(1) (Cornell LII). Academic honoraria and qualifying institutions.
- 8 CFR 248.2 (govinfo, 2025 edition). No change of status for Visa Waiver Program visitors.
- 8 U.S.C. 1187 (Cornell LII). Visa Waiver Program admission as a visitor for up to 90 days.
Frequently asked questions
Can I speak at a US conference on a B-1 visa?
Yes. The Foreign Affairs Manual lists participation in scientific, educational, professional or business conventions, conferences or seminars as appropriate B-1 activity. The organizer can reimburse actual, reasonable travel and living expenses. What you cannot do is receive a salary from a US source for your services. A speaking fee is only possible in the narrow academic honorarium situation under INA 212(q).
Can I accept a speaking fee on ESTA?
Generally not, unless it fits the academic honorarium exception. Visa Waiver Program travelers are admitted as visitors under the B classification for up to 90 days, so they face the same limits on paid work. INA 212(q) refers to aliens admitted under the B classification, and its limits on institutions and days apply. Corporate speaking fees from a US company are a different matter and raise employment questions.
What is the academic honorarium exception?
INA 212(q) lets a B visitor accept an honorarium and incidental expenses for usual academic activities, such as lecturing or guest teaching, if the activity lasts no longer than 9 days at a single institution, the payer is a qualifying higher education, nonprofit research or governmental research institution, the work benefits that institution, and the person has not accepted such payments from more than 5 institutions in the previous 6 months.
Can I judge a US competition or hackathon on a B-1?
Judging and participating in professional events is closer to permitted conference activity than to employment, especially when unpaid and expenses only. The Foreign Affairs Manual does not list judging by name, so the test is whether you are performing productive work or labor for a US entity. If you would be paid a fee, check whether the honorarium exception applies first.
Will B-1 conference trips hurt my green card plans?
Not if your purpose is genuinely temporary and you follow the rules. B visitors must have a residence abroad they have no intention of abandoning, so a pending immigrant petition can make visa interviews harder. For EB-1A and O-1 candidates, the evidence from speaking and judging abroad or on lawful visits can still support a later petition.
Green Card Guide AI is not a law firm and this article is not legal advice. It describes evidence-building strategy in general terms; your attorney determines what belongs in your petition and how it's argued.
