B-1 / B-2 Visas
Generally, a citizen of a foreign country who wishes to enter the United States must first obtain a visa, either a nonimmigrant visa for temporarystay or an immigrant visa for permanent residence. The visitor visa is anonimmigrant visa for persons desiring to enter the United Statestemporarily for business (B-1) or for pleasure or medical treatment (B-2).
The common factors for all visitors are that they are coming to the
U.S.
temporarily, they have a foreign residence abroad that they have no
intention of abandoning and they will not work or study in the U.S.
Persons
who are coming to the U.S. primarily to benefit an overseas Employer
enter
as either B-1 or WB nonimmigrants; those persons who are entering for
personal reasons enter as B-2 or WT nonimmigrants. Persons planning to
travel to the U.S. for a different purpose, such as students, temporary
workers, crewmen, journalists, etc, must apply for a different visa in
the
appropriate category.
B-1 and B-2 nonimmigrants can be admitted for an initial period of up
to
six months, which is reflected on the Form I-94. They are allowed to
file
an extension of stay for up to an additional six-month period or an
application to change their status to another nonimmigrant
classification or
immigrant status if they are so eligible. Travelers from certain
eligible
countries may also be able to visit the U.S. without a visa, through
the
Visa Waiver Program. They are not required to apply for a visa at a
U.S.
Consulate prior to entering the U.S. Only citizens of certain
countries are
eligible for to enter without a visa under the visa Waiver program.
These
nonimmigrants cannot extend their stay in the U.S. or change their
status to
another nonimmigrant or immigrant classification.
Qualifying for a Visa
The presumption in the law is that every visitor visa applicant is an intending immigrant. Therefore, applicants for visitor visas must overcome this presumption by demonstrating that:
- The purpose of their trip is to enter the U.S. for business, pleasure, or medical treatment;
- They plan to remain for a specific, limited period; and
- They have a residence outside the U.S. as well as other binding ties which will insure their return abroad at the end of the visit
