## Facts

- Minei, a 42-year-old native and citizen of Italy and a professional painter, was admitted on August 18, 1965 as a B-2 visitor for pleasure until September 18, 1965.
- He had returned to the United States after a one-week stay in Bermuda.
- In a September 1, 1965 interview, he stated his purpose was to paint New York scenery, exhibit the works, and sell them in the United States.
- On September 16, 1965, he applied under INA § 248 to change classification from B-2 to B-1 to do scenery paintings and drawings, exhibit at galleries, and sell the paintings.
- Supporting materials reflected prior U.S. gallery exhibitions (including in Florida, New York City, and Los Angeles) and plans to exhibit further in the United States.
- He reported typical sales of about $500 per painting and prior U.S. sales proceeds from a gallery show.
- The District Director denied the requested change of nonimmigrant classification; Minei appealed to the Regional Commissioner.

## Issues

1. Whether creating original paintings in the United States and exhibiting and selling them through U.S. galleries qualifies as “business” for B-1 purposes under INA § 101(a)(15)(B) and the governing regulation excluding “purely local employment or labor for hire.”
2. Whether Minei was eligible for a discretionary change of nonimmigrant classification from B-2 to B-1 under INA § 248 based on the proposed activities.

## Decision

- The Regional Commissioner dismissed the appeal and denied the application for change of classification.
- Minei’s proposed activities were not “business” within the B-1 category because they involved no international trade or commerce.
- The planned work amounted to productive labor performed in the United States, with profits accruing in the United States, constituting local services or labor for hire.

## Legal Principles

- A B-1 visitor must be visiting temporarily “for business” under INA § 101(a)(15)(B) and must maintain a foreign residence with no intent to abandon it.
- “Business” for B-1 purposes includes legitimate commercial or professional activities, but excludes “purely local employment or labor for hire.”
- Work that consists of producing goods or performing services in the United States for domestic profit is treated as local employment rather than permissible B-1 business activity.
- A change of nonimmigrant classification under INA § 248 requires substantive eligibility for the requested classification; if the proposed activities fall outside the category, the change must be denied.

## Conclusion

The Regional Commissioner held that an artist admitted as a visitor for pleasure could not change to B-1 status to create paintings in the United States and sell them through U.S. galleries because the activity was local productive work for domestic profit, not qualifying temporary business activity under the B-1 definition.


In re Minei, 11 I. & N. Dec. 430 (Reg’l Comm’r 1965)