Quick Hits

  • The State Department updated the Foreign Affairs Manual (FAM) to broaden B-1 visa eligibility for foreign nationals involved in installing, servicing, and training related to commercial or industrial equipment purchased from foreign companies.
  • A new “Specialized Trainers” category has been added to the FAM, allowing foreign nationals to enter the United States on a B-1 visa to train U.S. workers on specialized or proprietary techniques, skills, or know-how necessary for industrial equipment, machinery, or processes sourced from foreign companies.

Background

The B-1 visa classification allows foreign nationals to enter the United States temporarily for legitimate business activities that do not constitute skilled or unskilled labor. One longstanding provision under this classification, found at 9 FAM 402.2-5(E)(1), permits foreign nationals to enter the United States in B-1 status as “Commercial or Industrial Workers” to install, service, or repair commercial or industrial equipment purchased from a company outside the United States, or to train U.S. workers to perform such services.

Key Changes

Expanded Specialized Trainers Category

The most notable change in the December 4, 2025, update is the creation of a standalone “Specialized Trainers” category at 9 FAM 402.2-5(E)(2). Under this new provision, an applicant may qualify for a B-1 visa as a specialized trainer if he or she is traveling to the United States for a temporary period to provide training or transfer knowledge to U.S. workers, including on specialized or proprietary techniques, skills, or know-how necessary for industrial equipment, machinery, or processes that have been acquired or are sourced from a company outside the United States, in support of a qualifying project.

This new category expands upon the training component previously embedded within the Commercial or Industrial Workers provision. Under the prior framework, training was tied specifically to equipment servicing, that is, training U.S. workers “to perform such services” as installation, servicing, or repair. The new Specialized Trainers provision broadens this scope to encompass knowledge transfer related to specialized or proprietary techniques, skills, or know-how for industrial equipment, machinery, or processes more generally.

To qualify, applicants must possess unique knowledge that is not widely available in the United States and must not receive remuneration from a U.S. source.

Commercial or Industrial Workers Provision Unchanged

The existing Commercial or Industrial Workers provision at 9 FAM 402.2-5(E)(1) remains substantively unchanged. Applicants may still enter the United States in B-1 status to install, service, or repair commercial or industrial equipment or machinery purchased from a company outside the United States, or to train U.S. workers to perform such services. The contract of sale must specifically require the seller to provide such services or training, and the applicant must possess unique knowledge essential to the seller’s contractual obligation and receive no remuneration from a U.S. source.

Both provisions continue to exclude applicants seeking to perform building or construction work, whether on-site or in-plant. An applicant who supervises or trains other workers engaged in such work, but not personally performing it, may still qualify.

Key Takeaways

These updates reflect an effort by the State Department to clarify and expand pathways for foreign nationals to provide technical training to U.S. workers. The new Specialized Trainers category provides greater flexibility for companies with foreign-sourced equipment and processes to bring in qualified personnel to train U.S. workers on specialized or proprietary techniques.

As with any visa classification, eligibility depends on the specific facts and circumstances, including whether contracts and documentation support the applicable requirements and whether the visa applicant possesses the requisite unique knowledge and meets general B-1 visa requirements.

Ogletree Deakins’ Immigration Practice Group will continue to monitor developments and will post updates on the Immigration blog as additional information becomes available.

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