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U.S. Business and Tourist Visa: Do You Qualify?
U.S. BUSINESS AND TOURIST VISA: DO YOU QUALIFY?
A. The United States offers the B Visa
category to foreign nationals wishing to
enter as business or tourist visitors for a
relatively short period of time.
I. B-1 Visa - Business Visitors
II. B-2 Visa - Tourist Visitor
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U.S. Business and Tourist Visa: Do You Qualify?
B-1
VISA
BUSINESS VISITORS
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B-2
VISA
TOURIST VISITORS
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U.S. Business and Tourist Visa: Do You Qualify?
#1. B-1 VISA - BUSINESS VISITORS
A. Requirement
I. Visiting Temporarily
A business visitor must be seeking
short-term entry into the U.S. to engage
in specified, legitimate business
activities of a commercial or
professional nature that do not involve
receiving salary or payment of any kind
from a U.S. source.
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U.S. Business and Tourist Visa: Do You Qualify?
II. Permanent Residence
Requirement
The visitor must have a permanent
residence in their home country and
have no intention of abandoning it. You
must be able to show ties to your home
country in the form of such evidence as
property, family, and a permanent job.
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U.S. Business and Tourist Visa: Do You Qualify?
III. Sufficient Financial Resources
You must have sufficient financial
resources to fund the trip including all
travel, accommodation and living
expenses during your stay in the U.S. If
you do not have sufficient financial
resources, you must provide evidence
that your foreign employer will provide
support or that the entity or person
inviting you to the U.S. will cover all
trip-related expenses.
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U.S. Business and Tourist Visa: Do You Qualify?
Important
For a B-1 Visa the principal place of business and actual accrual
of profits should predominantly be in a foreign country.
Example: The B-1 is suitable for a Painter who wants to exhibit his
work in a gallery. The B-1 will be denied if he intends to sell his
artwork in the U.S. and receive remuneration here.
Specific and realistic plans for the entire period of the contemplated
visit must be presented with the application.
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U.S. Business and Tourist Visa: Do You Qualify?
B. Benefits
I. Application Process
You may apply for a B-1 Visa in person
at a U.S. Consulate or Embassy nearest
to your residence. Since you do not
require an approved Visa petition from
the USCIS, the B-1 process should be
quick and relatively easy.
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U.S. Business and Tourist Visa: Do You Qualify?
II. Receiving Payments In The U.S.
You can accept honorarium payments
and associated incidental expenses for
usual academic activities offered by an
institution of higher education, related
or affiliated non-profit entity or a nonprofit research organization, or a
governmental research organization.
The payment must be for services you
have rendered for the benefit of the
institution. Your services must not last
longer than nine days at any single
institution. Further, you cannot receive
payments from more than five
institutions in any six-month period.
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U.S. Business and Tourist Visa: Do You Qualify?
Important
B-1 in lieu of H-1: Due to the recent controversy over the extent to
which a B-1 can be used in lieu of an H-1, the USCIS and the DOS
have determined that foreign workers hired under a contract labor
arrangement between a foreign software company and a U.S.
telecommunication company are not eligible for B-1 Visas.
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10 31
U.S. Business and Tourist Visa: Do You Qualify?
C. Duration And Extension Of
Stay
I. Period Of Stay
You may be admitted for not more than
six months.
II. Extensions
You may extend your stay in B-1 status
by a maximum of six months provided
you can provide a legitimate reason for
the extension of status, including
'unexpected or compelling humanitarian
reasons' such as medical treatment or
an unforeseen delay in conclusion of a
business matter.
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U.S. Business and Tourist Visa: Do You Qualify?
D. Change Of Status
You may change status from a B-1 Visitor to
another nonimmigrant category provided you
can prove that you had no preconceived
intent to change status prior to entering the
U.S.
TI P
A foreign national entering the U.S. on a B-1
Visa can no longer begin to attend school as an F-1/M-1
student without first obtaining a change of status in the
U.S. or an F-1/M-1 Visa abroad.
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12 31
B-1 Visa (Challenges)
I own a metal scrap business in South Africa.
We have been looking to establish a business in
My Case Scenario
the U.S. that will help us enter the North American
Jeso Martin
markets. For this purpose, we have identified some
businesses for purchase in the U.S. I have to now
travel to the U.S. to meet a few prospective sellers
in person and hold negotiations. Can you let me
know what would be an appropriate Visa for me? I
would also like to attend a trade show that is going
to be held in the U.S. while I am there.
VisaPro Attorney Says (Solutions)
The B-1 Visa is the most appropriate type of Visa
where the purpose of your travel is to survey
potential business opportunities, have discussions
VisaPro Attorney
with business associates, conduct negotiations
Thomas Joy
with potential sellers, etc. However, you cannot
remain in the United States to manage any
business while in the B-1 Visa classification. The
B-1 Visa would also allow you to attend
conferences, meetings, trade shows, or business
events provided you will receive no salary or income
from a U.S. based entity for such participation.
To be able to travel to the U.S. on a B-1 Visa, you
must first apply for a B-1 Visa at a U.S. Embassy or
Consulate outside the U.S., preferably in your home
country or where you reside.
VisaPro Attorney Says (Solutions)
You must complete the online Form DS-160 and
attend an interview at the U.S. Consulate. You must
demonstrate to the Consular Officer that you intend
to enter the United States for a specific, temporary
duration, and that you have a residence in a foreign
country which you do not intend to abandon. You
must also show you have adequate funds to cover
the expenses of your visit.
The procedure for applying for a B-1 Visa may vary
from one U.S. Consulate to another. Hence, it is
advisable that you check the instructions
available on the website of the U.S. Embassy or
Consulate where you will apply for the current
procedures.
VisaPro Attorney
Thomas Joy
U.S. Business and Tourist Visa: Do You Qualify?
#2. B-2 VISA - TOURIST VISITOR
A. Requirement
I. Visiting Temporarily
The B-2 Visa is available for tourist
activities, such as sightseeing, visiting
friends and relatives, obtaining medical
treatment, attending conferences and
meetings.
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16 31
U.S. Business and Tourist Visa: Do You Qualify?
II. Permanent Residence
Requirement
You must have a permanent residence
in your home country that you have no
intention of abandoning. You must be
able to show ties to your home country
in the form of such evidence as
property, family, and a permanent job.
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17 31
U.S. Business and Tourist Visa: Do You Qualify?
III. Sufficient Financial Resources
You must have sufficient financial
resources to fund the trip including all
travel, accommodation and living
expenses during your stay in the U.S. If
you do not have sufficient financial
resources to fund the trip, a sponsor
must provide evidence that he/she will
provide support.
TI P
For a B-2 Visa, specific and realistic plans for
the entire period of the contemplated visit must be
presented with the application.
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18 31
U.S. Business and Tourist Visa: Do You Qualify?
B. Benefits
I. Application Process
You may apply for a B-2 Visa in person
at an American Consulate nearest to
your residence. Since you do not require
an approved Visa petition from the
USCIS, the B-2 process is quicker and
easier.
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19 31
U.S. Business and Tourist Visa: Do You Qualify?
C. Duration And Extension
I. Period Of Stay
You may be admitted for not more than
six months.
II. Extensions
You may extend your stay in B-2 status
by a maximum of six months provided
you can provide a legitimate reason for
the extension of status, including
unexpected or compelling humanitarian
reasons' such as medical treatment or
an unforeseen delay in the conclusion of
your holiday.
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20 31
U.S. Business and Tourist Visa: Do You Qualify?
D. Change Of Status
You may change from a B-2 visitor Visa to
another nonimmigrant category provided you
can prove that you had no preconceived
intent to change status prior to entering the
U.S.
TI P
While
in the U.S., you may change status
from any other nonimmigrant category to B-2 status in
order to remain in the U.S. longer.
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21 31
B-2 Visa (Challenges)
I am a U.S. Citizen living in Florida. I want to
sponsor my niece to visit me from Mexico for a
My Case Scenario
Maria Chavez
short trip during the Christmas holidays. Would a
B-2 visa be appropriate? What must she present at
the interview to successfully obtain the visa?
VisaPro Attorney Says (Solutions)
Aliens traveling to the United States for purposes
of tourism or to make social visits to relative or
friends may be eligible for a B-2 Visa. Hence, the
VisaPro Attorney
B-2 Visa may be most appropriate option for your
Thomas Joy
niece. To obtain a B-2 Visa, your niece must
schedule and attend a Visa interview at a U.S.
Consulate in India. During the interview, she must
demonstrate to the officer the specific, temporary
nature of her visit, namely to visit you during the
holidays, and that she will return to India after the
conclusion of the trip. She must carry evidence to
establish her relationship to you. She must also
demonstrate the arrangements made to meet the
expenses of her trip.
B-1 Extension (Challenges)
I arrived in the U.S. about a month ago on a
B-1 Visa to help negotiate the purchase of some
My Case Scenario
heavy machinery and for some training on the
Keiji Yang
maintenance of the machinery. At the time of
admission I had sought and was granted 6 weeks.
However, a month later we are still nowhere close
to finalization of the deal. Looks like we
underestimated the timelines and I will need to be
around for at least another 6 weeks before we can
get everything done. Is there any way for me to
continue my stay in the U.S. in B-1 status?
VisaPro Attorney Says (Solutions)
Current regulations allow for a B-1 Visa holder to
seek an “extension of stay” while inside the U.S.
You must however make sure that the purpose for
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which you seek the extension of status is justified.
Thomas Joy
Grants of extensions of stay are highly discretionary
and are not automatic. USCIS will consider all the
circumstances surrounding your situation, the
reasons for extension, and ties to your home
country in deciding whether or not to grant the
extension of status. If an extension is granted,
USCIS will decide how long to extend the stay and
will only grant up to the time that was requested on
the extension application.
VisaPro Attorney Says (Solutions)
To seek an extension of stay, you must file Form
I-539 along with the prescribed fee and all
necessary supporting evidence before your current
authorized stay expires. You must submit a written
statement explaining, in detail, the reasons for your
request; why your extended stay would be
temporary, including what arrangement you have
made to depart from the U.S.; and any effect the
extended stay may have on your foreign
employment or residency.
If USCIS decides that the circumstances indicate
that an extension is not warranted, the extension
will be denied.
VisaPro Attorney
Thomas Joy
VisaPro Attorney Says (Solutions)
If the application for extension is denied after the
previously approved stay has expired you will be
considered “out of status” as of the date of the
original period of stay expired. You should depart
the United States immediately so as to avoid
accumulating excessive unlawful stay and/or
presence. Also, per the regulations, the B-1 Visa in
your passport automatically becomes void in the
event of a B-1 extension of stay denial and you must
obtain a B-1/B-2 Visa at a U.S. consulate in your
home country to enable you come to the U.S. and
seek admission as a visitor in future.
VisaPro Attorney
Thomas Joy
U.S. Business and Tourist Visa: Do You Qualify?
VISAPRO ATTORNEYS
Thomas Joy
Ancy S. Varghese
A.R. Keshmiri
Over 36 years of immigration
Specialized expertise in EB-1
Over 12 years of immigration
law experience
and EB-2 NIW green cards
law practice
Near 100% success helping
Highly successful in securing
Thousands of cases handled
clients with immigration
O-1 Visas
successfully
matters
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28 31
U.S. Business and Tourist Visa: Do You Qualify?
NEXT STEPS
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U.S. Business and Tourist Visa: Do You Qualify?
ABOUT VISAPRO
VisaPro was established in October 2002 with a dream to provide exceptional U.S.
immigration legal services at reasonable costs to companies and individuals around
the globe and today we are proud to say that we have succeeded. VisaPro offers services in the following areas:
Investor and Entrepreneur Advisory Services
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