B-1 and B-2 VISAS: Business and Pleasure

The B-1 and B-2 Visas allow applicants to remain in the United States for up to six months per trip, to conduct business or to vacation. To obtain this visa, the person must apply at the U.S. consulate in their home country, unless already present in the United States in other valid status.

The U.S. Consulate may issue a multiple entry visa that is good for many years or may issue a one time entry visa which expires after 30 days. This visa means the recipient may apply for entry to the United States within the time periods listed on the B visa. This visa does not guarantee entry to the United States. This visa does not determine the length of time a person may remain in the United States. All this visa does is allow the recipient to ask for entry to the United States at the port of entry (airport, seaport, land entry). At the port of entry, a DHS officer will then determine if the applicant is allowed to enter the U.S. and for how long. The officer will note the visa category and the final day of authorized stay on an I-94 card and then staple this card into the applicant’s passport. The B visitor must leave the U.S. by the date listed on the I-94 card unless having applied for an extension or change of status to a new non-immigrant visa category.

For those applicants lawfully in the United States, the employer files an application with DHS indicating a request to change the applicant’s status. The applicant does not need to depart the U.S., instead automatically switches to B status on the start date indicated on the DHS approval notice.

Generally applicants may not be in B status for more than one year at a time, including extensions.

B-1 Visa: Business Professionals

The B-1 visa is designed for professionals employed abroad who are entering the United States to conduct business on behalf of a foreign employer. DHS will generally limit a B-1 applicant’s stay to the few weeks or months required to complete the business transaction. To ensure adequate time is allotted, it is important for the applicant to explain and document both the timing and scope of any business itinerary to the DHS officer upon entry. This is especially true as DHS will sometimes grant more generous time periods of three up to six months.

Requirements for a B-1 Visa:

Basic requirements include:

Applicant must maintain a residency abroad which he or she has no intention of abandoning
Intend to enter the U.S. for a short period of time
Seek admission to conduct legitimate business activities
Applicant must be paid by and work for a foreign employer

Permissible Legitimate Business Activities:

Permissible activities include:

Negotiate contracts
Investigate possible investments in the United States
Consult with business partners or possible clients
Attend board meetings
Engage in commercial transactions
Train employees of a U.S. Company on equipment bought from the foreign company
Participate in conventions, seminars or workshops

Other Business Visas That Might Apply:

In addition to B-1 visas, DHS also grants business immigration visas to investors, intra-company transfer employees and applicants seeking on-the-job training. Some categories require a bachelor’s degree, but several work visas exist for those lacking a four year college level degree. For more information about these business immigration visas, please read these articles:

B-2 VISA: Visitors

This visitor visa (B-2) is the most commonly issued visa and is ideal for those wishing to sight see or visit with family members residing in the United States. This category can also be used for short periods of study, entertainment and cultural events and activities. A person entering in B-2 status will generally be given six months to remain in the United States. If an officer is suspicious of an applicant’s intentions, he or she will provide only enough time for the applicant to complete their stated purpose to the U.S. Once in the United States, the B-2 visa holder may apply for one extension of stay up to six months. With certain restrictions, this person may also apply to change status to another non-immigrant category.

Requirements for a B-2 Visa:

To obtain the B-2 visa, an applicant must prove:

Non-immigrant intent, i.e. a firm desire and intent to return to the home country after the authorized grant of stay
Strong home ties
That entry is for a period of specifically limited duration
He or She has a bona-fide B-2 reason for entering the United States
Sufficient funds to support the trip, without having to engage in unauthorized employment

Legitimate B-2 Categories:

Legitimate B-2 basis for entry include:

Tourism
Visiting Family
Medical Visits
Amateur athletes or entertainers
Non-business conferences
Students (if B-2 is noted “prospective student”)
Fiancee when the consular officer believes the person will leave the U.S. before or soon after the marriage before re-entering on a fiancée or other visa

Difficulty in Obtaining B-2 Visas:

For many people, it is very difficult to obtain a B-2 visa. Applicants from countries with high non-return numbers (China, Philippines, India) or from countries with low employment numbers and high poverty levels (Ecuador, Guatemala) will have a harder time convincing the consular officer of his or her real intention to leave the U.S. as directed by DHS. Young, single people without “stable” employment are often denied, regardless of the country of origin for the same reason. In order to increase chances of an approval, it is crucial that the applicant can demonstrate strong ties to their home country. When a person is denied once, this goes on their immigration record and can cause difficulty with future non-immigrant applications for entry.

Importance of Non-Immigrant Intent:

The U.S. Consulate will deny any visa application where they think an applicant is going to overstay their trip to the United States. Non-Immigrant intent means that the applicant has no intention of remaining in the U.S. past the time allowed by the U.S. government. An applicant proves non-immigrant intent through behavior, detailing the reason for the trip, providing convincing documentation of this purpose (wedding invitation, business meeting confirmation) and demonstrating strong home ties.

Definition and Importance of Strong Home Ties:

Strong Home Ties are people, things or circumstances that bind you to your home country. Strong Home Ties include owning a business; longstanding employment; minor children; a large family unit; business, religious and social memberships; ownership of houses, boats, cars.

The U.S. Consulate will not issue a B-2 visa to anyone who cannot demonstrate strong home ties. According to their logic, if a person has strong home ties, this means he or she will not want to remain in the U.S. longer than the time period given by DHS. However if a person cannot show strong home times, that person presents a much larger risk of an overstay violation once inside the United States.

If you think you need a lawyer to handle your immigration case, please contact Ms Troy to arrange a consultation to discuss your options. Located in San Francisco, Immigration Attorney Christine Troy can help guide you through the various legal processes and resolve any issues regarding your case. Ms Troy works on cases in San Francisco, the San Francisco Bay Area, Northern and Southern California, across the United States, and internationally.

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