[ The B Visa Category ]
B-1 Tourist for Business
B-2 Tourist for Pleasure
B-1/B-2 Tourist for both Business and Pleasure
Where Is This Visa Obtained?
At the U.S. embassy or consulate nearest to your home.
What Documents Are Required?
- A passport valid at least six months beyond intended stay;
- A "Non Immigrant Visa Application" - DS-156; and DS-157 Supplement for male applicant ages sixteen and forty-five (Appendix "A");
- One recent photo;
- Proof of ties to home country, e.g., savings account, proof of employment, property and family ties;
- a. If B-1, letter from employer outlining temporary nature of business trip;
- b. If B-2, letter of invitation from friend or relative in United States, including round trip ticket or a notarized affidavit of support with U.S. tax return; and
- 6. Round-trip airline ticket.
Even If You Submit All Of The Above Documentation, Can Visa Be Denied?
Yes. The U.S. embassy or consulate official has absolute power to decide whether or not to issue a visa. The officer will be focusing on your intent. Are you really visiting or do you intend to stay permanently? It is up to you, through documentation and personal presentation, however brief, to persuade the consular officer of the temporary nature of the business or visit.
If Visa Is Granted, What Is The Next Step?
With a visa (Appendix "B") officially stamped in the passport, the next step will be to gain entry at the port of admission. Whether you come by plane, land, or ship, you will have to be inspected by an United States Immigration Inspector at the United States border. If the papers are in order and the inspector is convinced of your true intent, he will stamp your passport with date and place of entry and issue an "Arrival-Departure Record" - Form I-94. (Appendix "C"). On the right hand side of the card, the United States Immigration Officer will place a stamp with the port of entry, status, e.g., "B-2," date of admission and date when the stay expires. The inspector will affix this card to your passport and allow you to enter. At no time should this card be allowed to expire.
How Long Will Stay Be Granted?
B-1 In weekly or monthly periods depending on business need with extension thereafter up to one year.
B-2 Six months initially, up to another six months with extension thereafter up to one year. Note: The federal government is considering limiting tourist stay to thirty days. This is as a security measure and to monitor entry and departure.
For extension of B-1 or B-2 stay, file Form I-539- Application to Extend/Change Nonimmigrant Status (Appendix "D").
[B-1 Tourist For Business]
Acceptable Business Visitor Activities
Functions or circumstances that have been determined to be acceptable as B-1 business activities include but are not limited to:
- Commercial transactions that do not involve gainful U.S. employment (e.g., taking orders for foreign goods);
- Contract negotiation;
- Installation, service, or repair of commercial/industrial equipment purchased from outside the United States and/or training of U.S. workers to perform such services. Typically, a contract of sale requires seller to provide such services and B-1 visitor possesses specialized knowledge essential to contract performance;
- Consultation with business associates;
- Litigation;
- Participation in scientific, educational, professional or business conventions, conferences, or seminars;
- Professional entertainers involved in cultural events, paid for and sponsored by a sending country that will involve public appearance before non-paying audience;
- Investors seeking investments that may eventually qualify them for immigrant or E Nonimmigrant status;
- Independent research or professional artistic activity;
- Foreign airline employees who meet E visa criteria but are not nationals of a treaty country or of the airlines country of nationality;
- Construction and set-up support by foreign employer in connection with exhibits at international fairs and exhibitions;
- Certain religious and charitable activities (e.g., missionaries and recognized international volunteer efforts);
- Certain athletes who are professional but intend to receive no salary;
- Individuals or members of a foreign-based team in an internationally recognized sporting activity;
- Amateur individuals or members of a foreign-based team who seek to try out with U.S. teams and who will be paid only for their incidental expenses; and
- Servants for foreign employer temporarily in the U.S.
[ B-2 Tourist For Pleasure ]
Acceptable B-2 (Visitor For Pleasure) Activities
Individuals in B-2 status are, however, restricted to tourist activity or social visits. Other permissible activities include but are not limited to:
- Medical treatment;
- Participation in conference, convention, etc., of social or fraternal organizations;
- Short course of study incidental to tourist or social activities; and
- Amateur entertainers or athletes who will compete or per- form in a non-profit context, without payment except for expenses.
Dependents
Dependents receive same visa as principal applicant.
HINT: If you are traveling as a tourist with your dog, cat, and household furnishings, the entry may be denied. If your luggage is searched and you are in possession of an employment contract, a lease for an apartment, or a letter from your friend advising of a job with a U.S. employer, the entry will be denied.
Obviously, you have no intent to temporarily visit for business or plea-sure.
[The 90 Day Visa Waiver Pilot Program (VWPP)]
Under Visa Waiver Pilot Program for tourists and business visitors, nationals from the following countries can visit the United States for ninety days for the same purposes as B-1/B-2 classification and need not apply at the local U.S. embassy or consulate for a visa before boarding a U.S. bound flight:
- Andorra
- Austria
- Australia
- Belgium
- Brunei
- Denmark
- Finland
- France
- Germany
- Iceland
- Ireland
- Italy
- Japan
- Liechtenstein
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- Luxembourg
- Monaco
- The Netherlands
- New Zealand
- Norway
- Portugal
- San Marino
- Singapore
- Slovenia
- Spain
- Sweden
- Switzerland
- United Kingdom
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Note: No change of status or extension can be obtained under this classification. Marriage to a United States Citizen or certain lawful permanent residents (CU-6) will permit application for permanent residency (adjustment of status) even if the period of stay has expired.
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