B-1 and B-2 Visitor Visas

The B Category

There are five broad requirements specified by the United States Department of State for issuance of B visa stamps. The visitor must be entering the United States for a limited duration with the intention to depart the United States at the expiration of the stay, maintains a foreign residence which he or she has no intention of abandoning, has adequate financial arrangements to cover the trip, and will engage in legitimate activities relating to business or pleasure. The amount of documentation necessary to prove non-immigrant intent can often depend on the individual's personal and employment situation at home, and the nature of his or her plans in, and connections to, the US.

While most stays in the United States in the B category are short, it is possible to obtain a period of admission of six months on initial entry to the US. Upon entry to the US, the visitor is required to explain to an Immigration Inspector the nature and purpose of the visit in order for the Inspector to determine a period of time that is fair and reasonable for the completion of the purpose of the visit. When Inspectors cannot determine a fair and reasonable period of admission, the Immigration Inspector may grant a 30-day period of admission. If the visitor establishes the need for a period of stay longer than 30 days, the Inspector may grant an appropriate and proportionate period of admission.

In addition, extensions of stay can be granted by application through the Bureau of Citizenship and Immigration Services. Extensions of stay can only be granted if the visitor was issued a B-1 or B-2 stamp from a US Consulate but are prohibited for those who entered the United States through the Visa Waiver Program.

B-1 (Visitor for Business) Status

The B-1 (Visitor for Business) classification is available to scholars planning to pay short visits to one or several institutions to participate in scientific, educational, professional, or business conventions, conferences, or seminars. It is not intended for use by a scholar accepting any type of formal academic appointment for a term or longer. The B-1 visa is also the appropriate classification to present a paper at a conference or to deliver a lecture provided there is no remuneration from a United States source other than the reimbursement of associated incidental expenses. Those who enter in B-1 status are prohibited from being paid any form of salary, wage, stipend, grant, or any other form of compensation in excess of expenses.

A speaker who will receive an honorarium in addition to incidental expenses may still be eligible for the B-1 visa provided all of the following are met:

• the activities will last no longer than nine days at a single institution;
• such activities are conducted for the benefit of the institution or entity; and
• the speaker has not accepted such payment or expenses from five such institutions during the previous six-month period.

If the proposed activities are not exactly as described, a J-1 Exchange Visitor visa will be required.

If the B-1 category is appropriate for your visit, a B-1 visa may be obtained from a US Consulate by submitting your invitation letter and proof of adequate finances. In practice, a business visitor (B-1) will be granted only a period of entry necessary to conduct his or her business.

B-2 (Visitor for Pleasure) Status

B-2 (Visitor for Pleasure) visitors include tourists, persons visiting friends or relatives in the US, persons coming to the United States to seek medical attention, and visitors coming to conferences or conventions not related to business. An individual in B-2 status is not permitted to be paid in any way from a US source. The documentation needed to obtain a B-2 visa is a showing of adequate finances.

The B-2 category can also be used for dependents (such as an elderly parent) of J-1 Exchange Visitors who do not themselves qualify for J-2 visas.

It is often the case that the consular officer will issue B-1 and B-2 visas at the same time. The visitor declares at the port of entry whether he or she is a visitor for business or a visitor pleasure; the inspector at the port of entry then marks the I-94 Arrival/Departure Record accordingly.

Cancellation of Indefinite Visas

As of February 1, 1995, all Burroughs Indefinite visas (category B-1, B-2, and B1/B2) issued on or before February 2, 1995 will become invalid on the tenth anniversary of their date of issuance.

Visa Waiver Program

The Visa Waiver Program enables citizens of participating countries to travel to the United States for tourism or business for 90 days or less without obtaining a visa from a US Consulate in advance. The criteria for a country to be included in the Visa Waiver Program are a very low rate of refusals of visitor visa applications, reciprocal treatment of American nationals, and a program for issuance of machine-readable visas.

The 27 participating countries are: Andorra, Australia, Austria, Belgium, Brunei, Denmark, Finland, France, Germany, Iceland, Ireland, Italy, Japan, Liechtenstein, Luxembourg, Monaco, Netherlands, New Zealand, Norway, Portugal, San Marino, Singapore, Slovenia, Spain, Sweden, Switzerland, and United Kingdom.

• The Visa Waiver Program only applies to visitors for business (B-1) and visitors for pleasure (B-2). Those who enter the United States as B-1 visitors are prohibited from being paid any form of salary, wage, stipend, or any other form of compensation in excess of expenses (B-1 visitors may accept honoraria under certain conditions). An individual in B-2 status is not permitted to be paid in any way from a US source.
• A visitor who enters the United States through the Visa Waiver Program is not authorized to apply to the United States Citizenship and Immigration Services for an extension of stay beyond the 90-day limit nor is it possible to apply to United States Citizenship and Immigration Services for a change to another non-immigrant visa category.

To qualify, travelers from participating countries must have a valid machine-readable passport issued by the participating country (or EC) and be a citizen (not only a permanent resident) of that country; be seeking entry for 90 days or less as a temporary visitor; if entering by land or sea, have a round-trip transportation ticket issued on a carrier that has signed an agreement to participate in the waiver program; and hold a completed and signed visa I-94W Arrival/Departure Record (I-94W - green form). These forms are available from participating carriers and at land-border ports-of-entry. Upon admission to the US, the I-94W for a business visitors (B-1) is marked WB and the I-94W for a visitor for pleasure (B-2) is marked WT. Entry at a land border crossing point from Canada or Mexico is permitted by completing the I-94W, issued by the immigration authorities at the port of entry, and a $6.00 fee payable only in US dollars.