Business visas generally only allow holders to participate in duties that can’t be considered work or gainful employment in a foreign country, while work permits grant holders the ability to perform services or tasks that can be considered a job or labor. Common activities performed on business visas include, but are not limited to, participating in discussion-style meetings; observing company operations; attending general conference or business seminars; negotiating pre-sales contracts; and, participating in certain post-sales activities, such as follow-up meetings to discuss client concerns
Some characteristics used to assess whether an employee’s activities and conditions of stay are considered appropriate for business or whether they may require work authorization include:
- Staying in a hotel vs. staying in a corporate apartment (or signs lease agreement for residence)
- Salary is paid from outside the destination country vs. salary is paid from within the destination country
- Round-trip airline ticket to return to home country vs. one-way airline ticket to host country
- Unaccompanied by spouse, partner, or children vs. accompanied by spouse, partner, or children
- Shorter stay of less than 90 days (preferably not exceeding 5-10 days) vs. stays exceeding 90 days
- Not presenting business cards or having correspondence that would indicate employee is working on behalf of host company vs. presenting business cards bearing host company address
- Not executing contracts in the host location vs executing contracts in the name of the host company
- Not having a dedicated office or cubicle at host company site vs. host company providing a dedicated desk or workspace
Each country has different eligibility requirements or definitions of what constitutes “work” and the above is general guidance only. We recommend that you consult with your immigration provider to determine whether a business visa or work permit is appropriate for your destination.