B-1 and B-2 Visas

The B-1 and B-2 Visas allow applicants to request a US period of stay for up to six months, to conduct business or to vacation. To obtain the B-1 and B-2 Visas, the person must apply at the U.S. consulate in their home country, unless already present in the United States in other valid status.

We have successfully assisted companies and individuals in preparing strong applications that demonstrated eligibility for the underlying visa category.

B-1 Visa: Business Professional

Primary Eligibility Requirements:

The B-1 visa is designed for professionals employed abroad who are entering the United States to conduct business on behalf of that foreign employer. A B-1 visa may not be used to work for a US company, even one that is a legal subsidiary of a foreign parent company. 

DHS may limit a B-1 applicant's stay to the few weeks or months required to complete the specific 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, if asked.

Basic requirements include:

  • Applicant must maintain a residency abroad which he or she has no intention of abandoning and have a round trip airline ticket

  • Intend to enter the U.S. for a short period of time

  • Seek admission to conduct legitimate business activities on behalf of a foreign employer, attend a seminar or to conduct research for opening a US business

  • Applicant must be paid by and work for a foreign employer

Permissible B-1 activities include:

  • Negotiate contracts

  • Investigate possible investments in the United States, often used by E-2 visa applicants to research and set up their US business

  • 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

B-2 VISA: Tourists and Visitors

The visitor visa (B-2) is the most commonly issued visa category 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/activities.

A B-2 entrant will generally be given anywhere from two weeks to six months to remain in the United States. Once in the United States, some applicants may apply for a one-time extension of stay for up to six additional months (totaling out at a twelve-month period of stay). With certain restrictions, this person may also apply to change status to another non-immigrant category.

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

  • A legitimate B-2 reason for entering the United States

  • Sufficient funds to support the trip, without having to engage in unauthorized employment

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")

  • Fiancée 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

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 such as long-term employment, stable finances, home ownership, etc.