Visitor Visa Holders: Bringing Goods to the U.S. and Birth Tourism Regulations

Visitor visa holders under the B-1 classification are permitted to temporarily bring goods or products into the United States for the purpose of soliciting orders, but they are strictly prohibited from selling these goods or earning income within the U.S., according to updated travel guidelines from U.S. Customs and Border Protection (CBP).

“If you visit the United States for a business venture, conference, meeting, trade show, exhibition, sales, etc., you will receive no salary or income from a U.S.-based company, source, or entity,” CBP stated in its updated Travel FAQ.

The B-1 visa is designed for individuals traveling to the U.S. for business-related activities that do not involve employment or direct monetary gain within the country. This includes activities like attending trade shows or exhibiting products. However, visitor visa holders must ensure they comply with all U.S. Customs regulations regarding temporary admissions of goods and samples.

For a comprehensive overview of the B-1 visa, the Department of State provides detailed guidance under its Business Visitor Visa (B-1) program. Further information, including rules for temporary admissions and trade show participation, is available on the CBP website.

The U.S. Department of State’s Bureau of Consular Affairs highlights activities permitted under the Business (B-1) and Tourism (B-2) visitor visas. For B-1 visa holders, allowed activities include consulting with business associates, attending scientific, educational, professional, or business conventions or conferences, settling an estate, and negotiating contracts.

Meanwhile, B-2 visa holders can engage in tourism, vacations, visits with friends or relatives, medical treatments, participation in social events hosted by organizations, unpaid participation in amateur musical or sports events, and enrollment in short recreational courses like a two-day cooking class, provided they do not earn academic credit.

Under the provisions of NAFTA, Canada, Mexico, and the United States are required to grant duty-free temporary admission to specific categories of goods imported from other NAFTA countries. Duty-free entry is not contingent upon the availability of directly competitive or substitutable goods in the importing country, nor do the goods need to originate in a NAFTA country.

Certain items such as professional equipment (tools of the trade), equipment for press, sound, or television broadcasting, cinematographic equipment, goods for sports purposes, and goods for display or demonstration can be temporarily imported duty-free.

However, conditions apply, including restrictions against selling or leasing the goods, the potential requirement of a bond for non-originating goods, identification capability upon export, and use solely by the importer for business or professional purposes.

Similarly, commercial samples and advertising films may be imported temporarily without payment of duties, provided they are used solely for soliciting orders, are not sold or leased, can be identified upon export, are exported within a reasonable timeframe, and are imported in reasonable quantities for their intended purpose.

The CBP article Trade Shows – Exhibiting a Product provides important guidelines for individuals traveling to the United States to exhibit products at trade shows or fairs. It recommends preparing a checklist to ensure smooth entry of items, which includes official documentation specifying the date and location of the trade show, confirmation of exhibitor status, and documentation indicating the value of the items.

Exhibitors are advised to mark items as “Not for Sale” or to mutilate them, contact the Port of Entry before traveling, verify with the appropriate government agency for any restrictions or required documentation related to the product, and obtain the HTSUS code for the items being imported. These steps help facilitate compliance and avoid potential issues at the border.

“Birth tourism (travel for the primary purpose of giving birth in the United States to obtain U.S. citizenship for a child) is not permissible on a visitor visa,” states the U.S. Department of State’s Bureau of Consular Affairs.

In a different Knowledge Article by CBP titled “Can I visit the United States while pregnant?” it explains this matter further.

“Although there are no specific regulations prohibiting pregnant foreign nationals from entering the United States, entry is allowed or denied at the discretion of the admitting U.S. Customs and Border Protection (CBP) Officer. If the CBP officer determines that you are likely to become a ward of the government (meaning that the government must provide medical care because you do not have medical coverage), you may be denied entry,” CBP states.

When determining if you will be allowed to enter the United States, the CBP officer will take into consideration the date your child is due for delivery and the length of time you intend to stay in the United States. Additionally, they require evidence that you have sufficient medical insurance to cover any medical needs while in the United States and that you intend to return home, according to CBP.

“If it is determined that you do not have sufficient medical insurance to cover any unexpected or expected medical care while in the United States, you may be denied entry. Additionally, if you are pregnant and entering the United States at a border port of entry via vehicle, be aware that the radiation detection portals deployed at the ports do not emit any radiation and do not present a hazard to you or your unborn child,” states CBP.

During the prior Trump administration, on January 24, 2020, the Department of State amended its B nonimmigrant visa regulation to address birth tourism. Under this amended regulation, U.S. consular officers overseas will deny any B visa application from an applicant whom the consular officer has reason to believe is traveling primarily for the purpose of giving birth in the United States to obtain U.S. citizenship for their child.