Chapter 15 Getting a Business or Tourist (b-1 or B-2) Visa

• Library: U.S. Immigration Made Easy (Nolo) (2023 Ed.)

CHAPTER 15 Getting a Business or Tourist (B-1 or B-2) Visa

A. Do You Qualify for a Visitor Visa?

1. Exception to the Visitor's Visa Requirement: The Visa Waiver Program

B. How to Apply for a Visitor Visa

1. Step One: Prepare and Submit Your Application
2. Step Two: Pay the Application Fee
3. Step Three: Schedule Interview at U.S. Embassy or Consulate
4. Step Four: Gather Supporting Documents
5. Step Five: Attend Interview at the Embassy or Consulate

C. Visa Issuance and Entry Into the U.S

D. Extensions of Stay

Millions of people come to the United States as tourist (B-2) or business (B-1) visitors every year. (See I.N.A § 101(a)(15)(B), 8 U.S.C. § 1101(a)(15)(B); 8 C.F.R. § 214.2(b).) The U.S. naturally wants to keep its doors open to these visitors who will enjoy the country's scenic and cultural pleasures and engage in business and other exchanges with people in the United States.

As with every visa, however, some tension surrounds its distribution. No one wants to see this visa used by people intending to do harm in the United States or to stay and never leave. As a result, U.S. consulates around the world deny a surprising number of visitor visas—in many cases to people who just weren't prepared for the rigors of the application process. B visa refusal rates vary by country. For example, in fiscal year 2021, the State Department reported that the approximate B visa refusal rate for China was 79%; for India, 28%; for Indonesia, 12%; for Bangladesh, 30%; for Pakistan, 33%; for Nigeria, 44%; for Russia, 29%; for the Philippines, 10%; for Turkey, 14%; and for Ukraine, 15%.

This chapter explains who is eligible for a temporary visa for business or pleasure, and how to maximize the odds of success when you apply. Normally, most consulates can approve and issue visitors' visas within days, although security measures can easily delay their final decision by weeks or months.

A bigger issue currently is that U.S. consulates and embassies haven't recovered from the office closures that were implemented during the peak of the COVID-19 pandemic. When visa processing resumed, visitor visas were, and continue to be, the lowest priority. Although some U.S. consulates around the world now have visitor visa interviews available within a few weeks, at many others, the wait times exceed one year. It's possible to request an emergency appointment, but the need must be immediate and unplanned, such as a death or critical business matter that cannot wait. Informal comments from visa officers suggest it could be many years before visitor processing returns to normal, when visa interview appointments are readily available.

SEE AN EXPERT

Do you need a lawyer? Applying for a visitor visa is fairly simple and doesn't usually require a lawyer's help. If, however, you've had trouble getting visas in the past, have ever overstayed a visa, or are from a country thought to sponsor terrorism, a lawyer's help can be well worth the investment.

Key Features of the Visitor Visa

Here are some of the advantages and disadvantages of the visitor visa:

• The application process is reasonably quick and straightforward.
• Visitor visas are most often issued as "B-1/B-2," allowing you to engage in certain business activities and tourist activities under the terms of a single visa.
• B-1/B-2 visitor visas are often multiple entry, meaning you can use them for many trips to the United States.
• Although you may make many trips to the U.S. on your visitor visa, the length of each visit is normally limited to between 30 days and six months. After that, you must leave the U.S. or apply for an extension of your stay.
• Although if you're from any of certain countries you might not need a visa at all, getting one allows you to stay longer and gain rights to extend or change your status once in the United States.
• You may not accept a job in the U.S. or operate a business on a B-1 or B-2 visitor visa.

A. Do You Qualify for a Visitor Visa?

You qualify for a B-1 visa if you are coming to the U.S. as a visitor for a temporary business trip. You qualify for a B-2 visa if you are visiting the U.S. temporarily, either as a tourist or for medical treatment. Often, these two visas are issued in combination so you have all the options under both.

However, you must demonstrate to both the U.S. consulate that issues the visa and the U.S. Customs and Border Protection (CBP) officer at the airport or border your intent to return to your home country after your visit is over. You will probably be asked to demonstrate that you have a job and permanent address overseas to which you will return.

A B-1 visa allows you to be in the U.S. for business purposes, such as making investments, buying goods, attending seminars, or performing other temporary work-related activities for an employer located outside the United States. You may not, however, be employed or operate your own company. You may not be paid by a source inside the United States. It is sometimes difficult to draw the line between permissible business activities and illegal employment on a B-1 visa.

Unlike the B-1 visitor, the B-2 tourist may not engage in business-related activities at all. A condition of being admitted on a B-2 visa is that you are visiting solely for purposes of pleasure or medical treatment.

If you enter the U.S. with a B visa, your intention must be to come only as a temporary visitor. Tourists are usually given stays of up to six months and business visitors may stay as necessary up to a maximum of one year. The date your permitted stay will expire will be shown on your Form I-94 Arrival/Departure Record. If you arrive by air or sea, CBP will enter your I-94 record into a database, which you can access at https://i94.cbp.dhs.gov. If you arrive at a land border, a CBP officer will put a little white I-94 card into your passport. Theoretically (but not practically, for the reasons described below), you could leave the U.S. at the end of your stay, return the next day, and be readmitted for another stay. Alternatively, before your permitted...