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B visas are meant for foreign nationals who wish to visit the United States with a B-2 visa for either tourism tourists (trips for pleasure) or with a B-1 visa for business (activities that benefit international commerce). B visas encourage travelers from other countries to come to the United States to provide cultural, economic, and social benefits. There is a broad range of activities that fall under B visas, and the visa does not require a petition. Instead, the individual who is applying must go directly to the consulate. However, individuals who are applying for B visas may face greater scrutiny regarding their nonimmigrant intent because of the Immigration and Nationality Act (INA). If a foreign national does not adequately prove their nonimmigrant intent, the visa could be denied.
B status is typically valid for the short trip that the foreign national will be taking, but it can often be valid for as long as 6 months. Foreign nationals with B visas may receive extensions and can apply for a change of status to another nonimmigrant visa. The family members of B visa holders may also apply and come to the United States. However, B visa holders are not allowed to work while in the United States, and consular officers take great interest in applicants’ financials to be sure that they can stay in the United States without resorting to working.
The Visa Waiver Program (VWP) is only for foreign nationals from specific countries and acts as an alternative option to the B visa. With the Visa Waiver Program (VWP), foreign nationals do not need to apply for a B visa for business and tourism trips under 90 days. To do so, they must first be registered with the Electronic System for Travel Authorization (ESTA) of the United States Customs and Border Protection (CBP). However, It is typically not possible to extend status with the Visa Waiver Program (VWP).
In order to successfully apply for a B-1 or B-2 visa, there are a few different requirements that applicants must meet. Individuals must be visiting the United States for one of the permitted activities (pleasure or lawful business), the visit must be during a specific period of time, the applicant must stay temporarily and have nonimmigrant intent, and the applicant must have sufficient financial support for the trip. Most frequently, visas are denied because the Consular Officer does not believe the applicant provided enough evidence of nonimmigrant intent. Likewise, it is very important to highlight and actively discuss the reason the applicant wants to come to the United States. Even if the applicant provides evidence of nonimmigrant intent, the visa can be denied if their reason for coming to the United States is not considered to be valid.
There are two main types of visits that applicants can apply for with B visas, business trips, and pleasure/tourism trips.
B-1 visas are meant for individuals who intend to come to the United States for a business trip. Business visits can be defined as a trip relating to the foreign national’s employment. This does not include United States employment, hands-on work, or labor for hire as employment while in the United States on a B visa is prohibited. Likewise, the foreign national may not perform any type of service or labor in the United States for which they receive payment. Business meetings or other exchanges of information such as negotiating contracts, consultations, litigations, participation in conventions, conferences, and seminars (educational, professional, or scientific), independent research, are types of commercial transactions that are allowed. Canadian or Mexican nationals can engage in activities allowed under the North American Free Trade Agreement (NAFTA). It is typically easier for executives and high-level managers to receive B visas than professionals as their normal duties rarely include hands-on work. If a professional applies for a B visa, they must show that they will not engage in any hands-on work while in the United States.
Commercial transactions include the selling or purchasing of goods, such as taking orders for a service that will be completed abroad. Other commercial transactions include activities such as marketing, advertising, and distribution as long as the work is done abroad. Supporting documentation must prove that the work will be completed outside of the United States and show how the activity benefits international commerce and trade in the United States. Such documentation includes evidence of the foreign employer, evidence of accumulation of profits abroad, evidence of international trade and commerce, and evidence that hands-on work will be performed abroad.
The negotiation of contracts can also fall under the category of business consultations, which also includes the gathering of information, even for investments. Additional evidence may be required for individuals from smaller employers or individuals who are self-employed. This documentation can include proof of employment, contract negotiations, and details on the product or service that will be provided when the contract is executed, executed contracts, tax returns, proof that all work has been performed abroad, and lists of documents for meetings. The category of litigation can include meetings with various parties to preview documents, talk about strategy, or present testimony or evidence. Individuals should avoid any actions that could be considered hands-on work, such as retrieving documents or writing briefs in the United States. Supporting documentation to prove the litigation and detail activities that will be performed in the United States and abroad include details on the litigation, subpoenas, proof that the individual is the defendant, communication on the litigation, retainer agreements, and more.
The category of participation in scientific, professional, and educational conventions, conferences, and seminars is beneficial for foreign nationals. Individuals who are applying to come to the United States in this category for an event with a specific date will have their application expedited by consular officers. Supporting documentation for this category include details on the event and proof of attendance. For independent research, activities include a designed project with laboratory research or a literature review and a conclusion to the project. Topics usually should relate to the individual’s educational background and experience. Supporting documentation for this category includes details on the independent research, details on the goal of the research, why the individual needs to do the research and must do the research in the United States, and details on any research that has already been done.
Other activities allowed under a B-1 visa include training or professional services. An individual may use a B-1 visa instead of an H-1 or H-3 visa if they meet certain requirements. Individuals must be employed by a foreign firm that has offices abroad and will pay the individual abroad, must meet the requirements for H-1 or H-3 visas, must only be in the United States for a short period of time, and must have their salary be paid abroad. Individuals must not receive any payment from a United States source. Supporting documentation for this category includes proof of employment, proof of a salary paid by a foreign source, personal documents detailing the individual’s education, and details on the activity that the individual will partake in while in the United States.
Domestic and personnel employees may also come to the United States with a B-1 visa and temporarily work while they are in the country if their employer is a United States citizen who lives abroad who is temporarily visiting the United States, or is a United States citizen living abroad who is on a temporary assignment in the United States, or is a foreign national with B, E, F, H, I, J, L, M, O, P or Q status in the United States. Qualifying employees include housekeepers, cooks, maids, footmen, au pairs, and more. These individuals may come to the United States with their employer or after their employer has arrived. Once they have received employment authorization, they may work for pay, even if they are paid in the United States.
There are a few special circumstances that applicants should keep in mind. Although individuals cannot partake in activities relating to construction and building, they may receive a B-1 visa in order to supervise or train other individuals who are completing construction or business work. The supervising or training work should be clearly written out in the supporting documentation. Likewise, it is possible for an individual to partake in hands-on work with a B-1 visa if they will be installing, servicing, or repairing industrial or commercial machinery. The machinery must have been purchased from abroad. Likewise, while all pay must come from abroad, United States companies may offer payment for costs relating to the visit, such as for transport, lodging, or food.
B-2 visas are meant for foreign nationals who intend to come to the United States for tourism or other trips for pleasure. Such types of activities include trips for tourism, amusement, visiting friends and family, vacation, medical treatment, and social or service trips (including conferences, conventions, and convocations). However, these trips must be completely unrelated to business. Supporting documents for a B-2 visa include schedules/itineraries, brochures, receipts, invitations from family and friends, invitations to events, programs or agendas of events, and medical documentation (diagnosis from a physician, letter from a physician in the United States detailing the treatment and his willingness to direct it, and proof of adequate financial means).
Individuals who are not eligible for a derivative visa or for whom it would be inconvenient to apply for a derivative visa of the principal visa holder can travel to the United States with a B-2 visa. Principal visas holders include foreign nationals who hold A, E, F, G, H, I, J, L, or M visas. Qualifying relationships include extended family, same-sex partners, cohabitating partners (including domestic partners, same-sex partners, concubines, and other long term relationships), common-law spouses, and other household members. Extended family, not including spouses and children who are eligible for derivative visas, can include grandparents, parents, cousins, and more. Household members may include individuals who live in the same household as the principal and as well as maintain a close familial relationship with the principal. For both extended family and household members, applicants must prove that they have lived in the same household for an extended period of time, are dependent on the principal, or why it is necessary for them to come to the United States with the principal visa holder.
While the principal visa holder may not be required to have nonimmigrant intent, the dependent B-2 visa must have nonimmigrant intent, even if the reason for acquiring the visa is to relocate with the principal visa holder. Typically, officers will look to see that the intended stay has a finite duration in order to approve the B-2 visa. Thus, the B-2 visa holder’s duration of stay will typically match that of the principal visa holder (AILA books Visitors: B Visas and Status and the Visa Waiver Program 39). Under some circumstances, applicants may be guided towards applying for a more appropriate visa as the typical duration for a B-2 visa is 6 months, and extensions may take a while to approve and are costly—leading to great difficulties for the B-2 visa holder. In such cases, it may be better to apply for the derivative visa in order to avoid long term difficulties (AILA books Visitors: B Visas and Status and the Visa Waiver Program 40-1). Supporting documentation for these types of relationships include registration of marriage or partnership, birth certificates, adoption/foster papers, documentation of financial dependence, and other documentation of a long-term relationship.
Amateur athletes and amateur entertainers may also come to the United States under a B-2 visa for an event such as a contest or athletic event. To be an amateur athlete or entertainer, individuals must not play/perform for payment whether at home or in the United States, although they may be reimbursed for expenses. Supporting documentation for B-2 visas under this category include details on the event (such as if it is a social event or for charity), evidence of the applicant’s amateur status and evidence that the applicant is not compensated for performance.
Typically, individuals with B visas are not allowed to study in the United States, even if they are in the process of changing their status to F-1. However, there are a few exceptions that foreign nationals should be aware of (AILA books Visitors: B Visas and Status and the Visa Waiver Program 44). Firstly, if the applicant is coming to the United States is to accompany a principal visa holder, they may attend school as long as the primary reason for coming to the United States is tourism and the applicant will incidentally engage in a short course of study, or the applicant may attend a recreational or non-vocational program (including classes on hobbies such as cooking and art, that are not for a degree).
B visas may also be acquired for other purposes. Foreign nationals may acquire B visas as a visiting lecturer at a university for a convention, conference, lecture, speech, as a guest teacher, or as a director of a cultural event. While they may not be paid for their time, foreign nationals may receive an honorarium, or, a fee for their services including reimbursements for any incidental expense that does not give them any monetary or material profit. The event must be limited to 9 days, the honorarium must be from an institution of higher education or a nonprofit organization and must be for services that benefit the institution, and within the past 6 months, the foreign national must not have received an honorarium payment from more than 5 entities.
B visas may also be acquired for religious activities, charity work, or other missionary work. When foreign nationals do not qualify for an R visa, they may apply for a B-1 visa. Ministers are not explicitly prohibited from receiving income in the United States (47-9). Individuals who are employed by an international fair or exposition can apply for B-1 visas. In some cases, professional entertainers may apply for B-1 visas instead of P visas; qualifying positions include entertainers (singers, actors, dancers, musicians, etc.) and personnel (electricians, makeup artists, film crew members. etc.). As with all B-1 immigrants, these individuals cannot engage in any hands-on work or construction. Other positions that may qualify for a B visa include a professional athlete, member of a board of directors, yacht crew members, continental shelf operators, United States medical school clerks, doctors, peace corps volunteers, dependents of a temporarily stationed foreign member of the United States Army, dependents of crew members, and parents of F-1 students under 18.
Typically, B visas permit multiple entries and can be valid for up to 10 years depending on the foreign national’s home country. However, individuals are granted lengths of stay typically ranging from the amount of time necessary to complete the planned activity to up to 6 months. Status may be extended with the filing of an I-539 form, or, the Application to Extend/Change Nonimmigrant Status and other necessary documentation. It is possible to extend B visas, although applying for an extension may lead to the questioning of the legitimacy of the individual’s intended purpose of stay.
To qualify for the Visa Waiver Program (VWP), individuals are required to be citizens or nationals from one of the following countries:
The foreign national may not be a national of countries that could be designated as a state sponsor of terrorism by the Department of Homeland Security (DHS), including Sudan, Iraq, Syria, Somalia, Libya, and Yemen. Likewise, they may not have visited any of these countries on March 1, 2011, or after March 1, 2011, unless they receive a waiver or an exception, such as if they were in one of the listed countries for military service. Foreign nationals cannot apply for a waiver but will receive eligibility for one based on the questions they answer on their Electronic System for Travel Authorization (ESTA) application.
Foreign nationals must be entering the United States for B visa approved activities. Likewise, they must not pose any sort of threat to the U.S (including health, safety, welfare, security risks), and may not have violated the terms of the Visa Waiver Program (VWP) in the past. Finally, with the exception of applying for asylum, the individual must agree to waive their rights to review or to appeal admissibility determinations or removal.
With the Visa Waiver Program (VWP) individuals may only stay in the United States for up to 90 days. In an emergency situation, individuals may stay in the United States for an extra 30 days without penalty. Likewise, they must have a round trip booked on an approved airline, with the return trip going to a non-contiguous country/territory unless the individual is a citizen, national, or resident of the country/territory. The same requirements apply for arrival by sea. If the individual comes into the U.S by land, they must show proof of residency abroad and adequate financial means to return.
Foreign nationals must have a machine-readable electronic passport as of 2016 so the passport is resistant to fraud and contains biographic and biometric information. Machine-readable electronic passports contain an electronic chip that can be read for biographic information on the individual and can be matched to the identity of the individual. Children also need their own passports. Foreign nationals who come to the U.S through the Visa Waiver Program (VWP) must have a passport that is valid. Upon entering, their passport must be valid for at least 6 months after the last day they intend to stay in the U.S.
Foreign nationals should apply for a B visa at a consulate in their home country unless they are Canadian nationals or are using the Visa Waiver Program (VWP). To begin, applicants should keep in mind that it is not necessary to file a petition before beginning the application process, so applying for a B visa may be much simpler than others that require extensive petition documentation. Before beginning the application process, you should always contact your consulate to see what it may require, as application steps may change depending on the consulate. To begin, you must file a DS-160 form, or, the Online Nonimmigrant Visa Application, and pay the required fee. For the application, you will need to provide a photo of yourself to specifications. Finally, once you have completed the online application, make sure to save and print the confirmation page, save the fee receipt, and keep an extra copy of your photograph. Next, you should gather any necessary supplementary documentation. For a B visa, this includes documents that outline why you want to go to the United States, documents that show your permanent residence in your home country and ties to your home country, and proof of adequate financial means for while you are in the United States.
Once you have submitted your DS-160 application, you will need to contact your consulate to confirm that you will need to be interviewed. Typically, if you are between the ages of 14 and 79, you will need to be interviewed. Once this is confirmed, you may schedule your interview with your consulate. This may take a varying amount of time, depending on the location, time of year, and type of visa.
The interview is meant to confirm that you fit the criteria of the B visa. First, you must prove that you have a residence in your home country that you do not intend to abandon. Documentation to prove the first part of this requirement includes homeownership or lease/rental agreements, or if you live in a place not under your own name, documentation of that home and your relationship to the person whose name it is under. The second part of the requirement can include employment plans, property titles or leases, financial documents, proof of familial relationships, details on any medically dependent family members who remain at home, and more.
Next, you must prove that you will be coming to the United States for a specific period of time. The length of time that you request must match the activity that you plan on doing. Officers will look to see that your stay has a finite limit and is temporary. Documentation to prove this requirement includes details on the duration of your trip. Adequate financial means is another requirement. You must also show that you have adequate financial resources to support yourself while you are in the United States at the time of the application; this can include reimbursements from foreign employers or a United States company. You can also show that your trip will be sponsored by a friend or family member through an affidavit of support if you do not have adequate financial means by yourself.
The final requirement is that you will come to the United States for a qualifying activity. You must show that the reason for your trip is for business or pleasure (fitting into one of the categories mentioned earlier), and you must give specific and attainable plans.
In some cases, your application may go through additional processing after your interview, and depending on your home country you may need to pay an issuance (reciprocity) fee.
Sometimes, your visa can be approved but with some limitations. In some cases, consular officers may limit your duration of stay or the number of entries you may have with your visa. This is done if the consular officer believes your circumstances and/or intent to return home may change in the long term. You may also be required to pay a bond through the I-532 form, or, immigration bond form that will be kept until you leave the United States. If you violate the terms of your visa, the bond will not be returned. Visas with bonds are valid for one entry only for 6 months. It is also possible for visas to be double entry, even if the reciprocity schedule of your home country only permits single entry if you are entering the United States for the same purpose both times and if you pay the issuance (reciprocity) fee twice. This can be used, for example, for travel on a cruise.
When you arrive in the United States, you must present your passport and your visa, along with any other documents that were required for your interview. You must keep your I-94 form, which also details the date your status expires, in your passport. If you must stay past this date, you must apply for an extension. To do so, you must prove that you still meet the eligibility requirements for a B visa and send the application to the United States Citizenship and Immigration Services (USCIS) before your status expires.
You may also change your status while in the United States if you have maintained your B status, though it may raise questions on whether or not you misrepresented your intent when applying for the B visa. This process can take quite a long time and may lead to the individual staying past the status expiration date.
If you plan to use the Visa Waiver Program (VWP) in place of a nonimmigrant visa, you must enter through air travel or sea travel. You must be a citizen of one of the allowed countries and fit the requirements of the program. You must apply online and pay the required fee of $14. The application requires information on yourself, your nationality/citizenship, employment, travel plans, contact information, and a list of eligibility questions. You must receive authorization before you board the plane or vessel that you will travel to the United States on, even if you are only traveling through the United States. You should plan to apply at least 3 days before you travel in order to ensure that you are authorized on time. If your travel plans change, they can be updated as can your contact information. Biographical information, however, cannot be changed and if typed correctly will lead to your application being denied. Thus, you will need to start a new application.
Once you have completed the application, it is compared with information in law enforcement databases, and you should receive your response of either approved, denied, or pending, within seconds of submitting the form. If you receive the response of pending, your application may take 3 more days to receive a response. You should save your application response for your records, including the Electronic System for Travel Authorization (ESTA) number. If your application is denied, you will need to apply for a B visa in order to come to the United States.
If you arrive on an approved carrier craft, your data will be automatically sent to the United States Customs and Border Protection (CBP) documenting your arrival and departure. However, if you are departing by land or on private transportation or do not return your I-94W form, you will need to report your departure to the United States Customs and Border Protection (CBP). To do so you must contact the United States Customs and Border Protection contractor, explain the situation and provide your I-94W if possible as well as documentation of arrival and departure. This correspondence should be kept in case of any future troubles with traveling through the Visa Waiver Program (VWP).
The documents required for B-1 and B-2 visas include:
The documents and forms required for the Visa Waiver Program (VWP) include:
The processing time for B visas is dependent on many factors, including the time it takes to schedule your interview, the location of the consulate, and the time of year. Some visas may also require additional processing. It may take anywhere from a few weeks to a few months to receive the visa.
The processing time for the Visa Waiver Program (VWP) application is very short. Once applying with the online form, you should receive your approval, denial, or pending results within seconds. If you receive the result of pending, your result will be available within 3 days.
There are various fees that applicants should keep in mind when they are applying for a B visa.
Base Cost: $160
There is only one fee of $14 for the Visa Waiver Program (VWP). This fee is only paid when the individual applies for travel authorization.
There are some benefits and disadvantages between choosing to apply for a B visa or using the Visa Waiver Program (VWP). First, the Visa Waiver Program (VWP) obviously offers a route for easy international travel where individuals do not have to go through the lengthy and often expensive visa application process. However, in some circumstances, the Visa Waiver Program (VWP) may cause more problems than good. It is unclear whether or not certain individuals, such as domestic and personnel employees may work through the Visa Waiver Program (VWP), but typically employment is not allowed. Thus, anyone who plans to partake in any business activities should go through the B-1 visa process. Likewise, the Visa Waiver Program (VWP) allows individuals to stay in the United States for 90 days, which may not be long enough for many individuals to complete their activity or stay. In this case, it would be necessary to apply for a B visa.
Individuals who use the Visa Waiver Program (VWP) can also not contest their removal from the United States, after which they are not able to come to the United States through the VWP and will need a visa waiver if they apply for a visa. Thus, individuals who are partaking in the B-1 in place of H-1 or H-3 for employment should be sure to apply through the B visa and not through the Visa Waiver Program (VWP) as the government has often discussed ending this category. Also, B visas offer more safety, as more information is collected and applicants face greater scrutiny when applying. While the Visa Waiver Program (VWP) may be more beneficial for individuals coming for only tourism or pleasure, it is perhaps more secure to travel with a B visa.
As of 2016, Chinese nationals (or individuals who travel with a People’s Republic of China passport) who have 10-year B visas must register with the Electronic Visa Update System (EVUS). This is part of an enhancement of border security through a bilateral arrangement with China. The Electronic Visa Update System (EVUS) is required for all forms of travel. Once registered, individuals are authorized for 2 years (unless their passport expires).
Since one of the requirements of a B visa is nonimmigrant intent, meaning you plan to return home and keep your foreign residence, these visa petitions are often denied as the officer may think you are trying to come to the United States as early as possible before your other visa is approved. However, if you can prove that your trip is for an acceptable B activity and will be for a short period of time and that you will return to your home country afterward, it is possible. In this case, it would be very important to articulate each of these requirements. However, often individuals will be told to wait until their immigrant visa is approved although there are exceptions in emergency situations if you have applied but not received an immigrant visa.
Yes, but you may face some additional scrutiny about your nonimmigrant intent and the purpose of your visit. In this situation, be sure you articulate that the purpose of your trip qualifies for a B visa and that your trip will be for a short-time period.
No, since 2010 HIV has been removed from the list of communicable diseases and individuals no longer require a waiver to apply for visas.