B-1/B-2 Visa – Business or Pleasure Visitors

 

Overview

Generally, a citizen of a foreign country who wishes to enter the United States must first obtain a visa, either a nonimmigrant visa for temporary stay, or an immigrant visa for permanent residence. Visitor visas are nonimmigrant visas for persons who want to enter the United States temporarily for business (visa category B-1), tourism, pleasure, visiting or medical procedure(visa category B-2), or a combination of both purposes (B-1/B-2).

B-1 Temporary Business Visitor

The B-1 Business Visitor Visa is a non-immigrant visa meant for persons entering the U.S. who will be participating in business activities of a commercial or professional nature in the United States, including, but not limited to:

  • Consulting with business associates;
  • Traveling for a scientific, educational, professional or business convention, or a conference on specific dates;
  • Settling an estate;
  • Negotiating a contract;
  • Participating in short-term training;
  • Transiting through the United States (certain persons may transit the United States with a B-1 visa); or
  • Deadheading (certain air crewman may enter the United States as deadhead crew with a B-1 visa).

 

Eligibility Criteria – you must demonstrate the following in order to be eligible to obtain a B-1 Visa:

          • The purpose of your trip is to enter the United States for business of a legitimate nature;
          • You plan to remain for a specific limited period of time;
          • You have the funds to cover the expenses of the trip and your stay in the United States;
          • You have a residence outside the United States in which you have no intention of abandoning, as well as other binding ties which will ensure your return abroad at the end of the visit; and
          • You are otherwise admissible to the United States.

 

Period of Stay/Extension of Stay

          • Initial Period of Stay: 1 to 6 months; 6 months is the maximum.
          • Extension of Stay: Up to 6 months.
          • Maximum total amount of time permitted in B-1 status on any one trip is generally 1 year.
          • The admitting immigration official at the port of entry will record the length of stay allowed on the admission stamp or I-94 card.

 

Family of B-1 Visa Holders

Your spouse and children are not eligible to obtain a dependent visa. Each of your dependents who will be accompanying or following to join you must apply separately for a B-2 visa and must follow the regulations for that visa.

Foreign nationals seeking a B-1 visa from certain countries may be able to enter the United States without a visa through the Visa Waiver Program (See Visa Waiver Section) Read more →

B-2 Pleasure or Tourism Category

The B-2 Tourist Visa is a non-immigrant visa meant for persons entering the U.S. for pleasure or medical treatment. The B-2 visa is commonly referred to as a tourist visa.

Eligibility Criteria – you must demonstrate the following in order to be eligible to obtain a B-2 Visa:

          • The purpose of their trip is to enter the U.S. for pleasure, tourism, or medical treatment;
          • You plan to remain for a specific, limited time period;
          • You have funds to cover expenses in the United States; and
          • You have clear intent to maintain a residence outside the U.S., as well as other binding ties to their home country, which will ensure you leave the U.S. at the end of the visit.

 

Eligibility Standard uses for the B-2 category include:

          • Tourism
          • Social visits to friends/relatives
          • Participation in social events hosted by fraternal, social, or service organizations
          • Participation by amateurs in musical, sports, or similar events or contests, if not being paid for participating
          • Family members accompanying B-1 aliens
          • Cohabitating partners (opposite or same-sex) who are not eligible for dependent status (F-2, J-2, H-4 for example)
          • Medical treatment
          • Incidental study (enrollment in a short recreational course of study, not for credit toward a degree (see below)

 

Incidental study with B-2 status

If a visitor is coming to the U.S. primarily for tourism, but wants to take a short course of study which is recreational, and the course is less than 18 hours per week, he/she may be able to do so on a visitor visa. As an example, if a visitor is taking a vacation to the U.S., and during this vacation he/she would like to take a two-day cooking class for enjoyment, and there is no credit earned, then this would be permitted on a visitor visa. If the course of study is 18 hours or more a week, a student visa is required. Furthermore, any kind of study that would earn credit or certification is not permitted on a visitor visa. A consular officer will determine the visa category the visitor will need based on the purpose of the trip and supporting documentation.

 

Period of Stay/Extension of Stay

          • Initial Period of Stay: 1 to 6 months; 6 months is the maximum
          • Extension of Stay: Up to 6 months
          • Maximum total amount of time permitted in B-2 status on any one trip is generally 1 year
          • The admitting immigration official at the port of entry will record the length of stay allowed on the admission stamp or I-94 card.

 

Honoraria/Reimbursement

Academic honorarium payments and reimbursements for incidental expenses are allowed, if the visit meets the same eligibility criteria as a B-1 visa holder.

Visa Waiver Program (Also known as “ESTA”)

The Visa Waiver Program (VWP) allows citizens of certain countries to travel to the U.S. for up to 90 days without obtaining a visa. Not all countries participate in the VWP, and not all visitors from VWP countries are eligible for the program.

Visa Waiver visitors must demonstrate that the purpose of their trip is to enter the U.S. for business, pleasure, or tourism and they plan to remain for a specific, limited time period. They must also prove residence outside the U.S., as well as other binding ties to their home country along with evidence of sufficient funds to cover expenses in the U.S.

 

Eligibility

  • The foreign visitor must be a citizen of one of the countries determined by the Department of Homeland Security as eligible for the Visa Waiver Program.
  • If the foreign visitor is entering the U.S. for business, the visitor will receive WB status upon entry (eligibility same as B-1 visa).
  • If the foreign visitor is entering the U.S. for pleasure or tourism, the visitor will receive WT status upon entry (eligibility same as B-2 visa).
  • All visitors requesting entry under the Visa Waiver Program must meet the passport requirements.

 

Electronic System for Travel Authorization (ESTA) Registration

Visa Waiver Program visitors are required to register for online travel clearance through the Electronic System for Travel Authorization (ESTA). It is suggested that individuals who plan to take advantage of VWP apply for ESTA authorization when they begin planning their trip to the U.S. and no later than 72 hours before their flight. ESTA approvals are generally valid for two years or until the visitor’s passport expires, whichever comes first. However, there are a number of cases in which a new ESTA approval may be required, such as issuance of a new passport. While it is valid, the authorization may be used for multiple entries to the U.S.

Although a visitor’s ESTA registration may be approved, it does not guarantee that he/she will be admitted to the U.S. All visitors are subject to inspection upon arrival and may be denied entry at the discretion of U.S. border officials.

If the ESTA application is denied, or if the visitor does not apply for ESTA clearance, then the visitor must obtain a B-1/B-2 visa stamp at a U.S. consulate in order to enter the U.S. for short-term business or tourism.

Length of Stay in the U.S.

In order to adhere to the requirements of the Visa Waiver program, the visit must be no longer than 90 days.

No extension permitted or accepted on the VWP Program.

Honoraria/Reimbursement

Academic honorarium payments and reimbursements for incidental expenses are allowed for visitors in both WB and WT status, if the visit meets the same eligibility criteria as a B-1 visa holder.