## Facts

- Hira, a citizen of India, worked for Mohan’s Ltd., a Hong Kong manufacturer of custom men’s clothing.
- He was admitted to the United States as a B-1 visitor for business in September 1963, later obtained an extension through April 14, 1965, and reentered in February 1965 in B-1 status.
- In the United States, he traveled to cities to take customer measurements and orders for custom clothing manufactured in Hong Kong.
- Customers learned of the business through employer-distributed literature; Hira did not independently solicit in the general market.
- Orders and payment were transmitted to Mohan’s Ltd. in Hong Kong; the garments were manufactured abroad and shipped to U.S. customers.
- Hira received only expense funds in the United States; his salary was paid abroad and remitted to his parents in India.
- He maintained ties abroad and stated he would depart at the end of his authorized stay; he did not establish a U.S. residence or U.S. employment.

## Issues

1. Whether Hira’s order-taking and measuring activities in the United States for a foreign employer constituted permissible “business” as a B-1 visitor under INA § 101(a)(15)(B) or impermissible U.S. employment causing a failure to maintain nonimmigrant status.
2. Whether, based on his activities and intent, Hira should be treated as an “immigrant” requiring an immigrant visa, making him removable as an immigrant without a valid immigrant visa.

## Decision

- The BIA held Hira’s activities were permissible B-1 “business” as “intercourse of a commercial character” conducted on behalf of a foreign enterprise, with the principal commercial activity (manufacturing) occurring abroad.
- The BIA found he maintained a foreign residence and a temporary intent to depart, so he was not an immigrant and did not require an immigrant visa.
- The BIA rejected removability premised on failure to maintain B-1 status and the alternative immigrant-without-visa theory.
- The Attorney General affirmed the BIA’s decision.

## Legal Principles

- “Business” under INA § 101(a)(15)(B) includes commercial intercourse that facilitates foreign trade or commerce and does not amount to entry into the U.S. labor market.
- Activities such as taking orders and measurements in the United States may qualify as B-1 business when performed for a foreign employer and when production and principal profit-making operations occur abroad.
- Receipt of only expenses in the United States and salary paid abroad supports a finding that the alien is not engaged in local U.S. employment.
- A B-1 applicant must show a foreign residence not intended to be abandoned and a stay in the United States that is temporary and limited in purpose; satisfaction of these elements defeats an immigrant-intent charge based solely on the same conduct.

## Conclusion

The decision held that a foreign employee who temporarily enters the United States to take orders and measurements for goods manufactured and sold through a foreign company, with compensation paid abroad, may qualify as a B-1 visitor for business and is not rendered removable as an unauthorized U.S. worker or as an immigrant lacking an immigrant visa.


In re Hira, 11 I. & N. Dec. 824 (B.I.A. 1966)