Schedule Free Case Evaluation

(216) 292-6655
image_pdfimage_print

“B-1” Visitor Visa for Business

  1. B-1Requires a passport and a nonimmigrant visa unless exempt;
  2. Proof of un-relinquished foreign residence is required;
  3. The individual admitted for the time needed, up to one year, with the possibility of extension(s) of temporary stay in increments of not more than six months each.
  4. Receives no salary or income from a U.S.-based company/entity, other than prize money

B-1 status does not grant an alien permission to obtain employment in the US. However, B-1 visa holders may engage in work related activities based upon employment positions they hold outside the US.
Reasons to obtain B-1 visitor visa:

  • Participate in scientific, educational, professional or business  conventions, conferences or seminars;
  • Lecture or speak at the conferences, with no income from a US based entity. Special rules for receiving honorarium apply.
  • Perform duties as installers, repair and  maintenance personnel;
  • Perform tours
  • Participate in a sporting event as a professional athlete in order to compete with another sports team;
  • Service engineer (Commercial, Industrial) to install, maintain or repair commercial or industrial equipment or machinery sold by a non-US company to a U.S. buyer, when specifically required by the purchase contract.
  • Business venture, investor seeking investment
  • Survey potential sites for a business and/or to lease premises in US; however, one cannot remain in US to manage business
  • Participate in conference, meeting, trade show or business event as attendee
  • Conduct research with no compensation from a US based source, and with no benefit to US institution.
  • Negotiate and sign contracts for products produced outside of US

“B-2” Visitor visa for pleasure

B-1

  1.     Requires a passport and a non-immigrant visa unless exempt;
  2.     Proof of un-relinquished foreign residence is required;
  3.     Individual shall receive an I-94 for a minimum period of six months, even if less time is requested.

Individual may be classified as B-2 visitor for pleasure if he or she

  • Came to participate in conventions and conferences;
  • Traveled to the US for purposes of tourism or to visit with relatives or friends.

Temporary visitors should have no intent of abandoning foreign residence; however, they can exchange status.

Documentation required:

  • Intent to depart
  • Proof of financial support for stay

If the alien is refused entry at the border or port of entry because of fraud, criminal activities, false documents violation of prior authorized stay or preconceived intent, she or he will be removed immediately and held to be inadmissible to the U.S.

Consular Process for B-1/B-2 Visitor Visa

Alien should apply at the U.S. consulate in the country of residence.

Form Required:

Fill out the non-immigrant application Form DS-160 online

Extension of stay for B-1/ B-2 visitors

One can file an Application to Extend Status/Change Non-immigrant Status (Form I-539) together with supporting documents and filing fee.

Tip. Very often the young mothers invite their own mothers to come to the U.S. to babysit for them. However, babysitting is work, so U.S. embassies routinely deny such petitions. It is difficult to comprehend that babysitting for your own grandchild is work. So the families shall find the better reason to invite, their mothers for help.

FAQ

Q: My parents are in the U.S. on B-1/B-2 Visitor’s visa. We have applied for Extension but still we have not received any response. In case their application is denied, how long do they have before leaving the U.S.?  Also as per rule 222(g) their 10 year visa becomes void.

A: They must leave the US immediately if the request is denied, and the visa is voided.

Q: How often can I visit U.S. on a B-2 visa?
A: Once a year is a rule of thumb.

Q: I over stayed in the U.S. I was removed and I had a 3 year ban.  After the three years I applied for a non-immigrant visa, it was denied, and I applied for a waiver and it was granted in my visa I have an Annotation: “212(Small D) (3)(A) waiver of 212(9)(A)(II)(II) GRANTED”
I am planning on visiting my best friend for two weeks. Will I have any problems?

A: The waiver gives you the right to board a US-bound flight from an overseas departure point but it by no means guarantees your admission once you land and present yourself for inspection to the CBP officer at the U.S. airport or POE. While your case will be considered with some sympathy due to the consulate having granted you a waiver, you will still be thoroughly questioned and to be admitted must convince the officer of your intent to depart after a temporary visit.