B Visas for Temporary Business/Recreational Visitors

The B-1 and B-2 visas are non-immigrant visas that allow aliens to make temporary visits to the United States for purposes of business (in the case of the B-1 visa) or recreation (in the case of the B-2 visa) and are some of the most commonly used of all the U.S. visa categories. 

B-1 Business Visit Visa:

The B-1 non-immigrant visa allows aliens to visit the United States temporarily for purposes of business.  Periods of stay in the U.S. under the B-1 visa are generally brief and such stays cannot involve employment in the U.S.  The requirements for the B-1 visa are generally as follows:

1.    The alien must maintain a residency abroad to which he or she plans to return.

2.    The employer on whose behalf the alien is visiting the U.S. must have its main place of business (that is, the main place where profits are accrued) outside of the U.S.

3.    Payments from the employer to the alien for the work should occur outside of the U.S.(though it is acceptable for the employer to make arrangements to pay the alien through a U.S. bank or other U.S. financial institution).  The employer may make expense and per diem payments to the alien for the alien’s time in the U.S.

The authorized duration of stay for B-1 visa holders is typically brief, and is generally less than three months.  It is possible under the immigration regulations to obtain an initial period of entry of up to one year, but initial periods of entry of more than six months are rare.  A B-1 visa holder may obtain extensions to the visa in increments of six months.

The holder of a B-1 visa may apply to change to another non-immigrant status or, in some situations, to adjust status to permanent residency.  The application procedures for the B-1 visa are significantly less stringent than those for certain other non-immigrant visas, so some aliens will attempt to use the B-1 as a “stepping stone” to more difficult-to-obtain non-immigrant visas.  U.S.C.I.S. is known, however, to frown on this “stepping stone” method, and so aliens attempting to use it may find their applications facing more difficulty than they originally imagined!

The B-1 visa is very useful for aliens who need to visit the U.S. on behalf of a foreign employer for a brief period.  However, the B-1 visa is not appropriate for those who wish to come to the U.S. to work. For such purposes, there are non-immigrant visas such as the H-1B and L-1 visas, and immigrant visas such as the EB-1, EB-2, and EB-3 visas.  If you wish to come to the U.S.for business, call the experienced attorneys at Nicholas Lowry LLC and we can help you to choose the visa option that is best for you!

B-2 Recreational Visit Visa:

The B-2 non-immigrant visa allows aliens to visit the United States for “legitimate activities of a recreational character.”  The phrase “legitimate activities of a recreational character” is defined very broadly, and includes reasons for visiting such as tourism, visiting friends or family, resting, or obtaining medical treatment.  The range of activities allowed under the B-2 category is very broad; because of that breadth, the B-2 visa is by far the most commonly used of all the U.S. visas. The main activity restrictions associated with the B-2 visa program are that aliens visiting the U.S. on B-2 visas are not allowed employment in the U.S. nor are they permitted to participate in most academic study programs.

The initial length of stay allowed under the B-2 visa will be decided by the immigration officer examining the alien at the time of his or her entry into the U.S.  Under the relevant regulations, any alien who is permitted to enter the U.S. under a B-2 visa will be given an initial length of stay of six months at a minimum (though, of course, most people who enter the U.S. under B-2 visas stay for much less than six months).  An initial length of stay of as long as one year can be granted if the alien can show cause for doing so.  Extensions to a B-2 visa can be obtained in increments of six months.

The holder of a B-2 visa may apply to change to another non-immigrant status or, in some situations, to adjust status to permanent residency.  The application procedures for the B-2 visa are significantly less stringent than those for certain other non-immigrant visas, so some aliens will attempt to use the B-1 as a “stepping stone” to more difficult-to-obtain non-immigrant visas.  U.S.C.I.S. is known, however, to frown on this “stepping stone” method, and so aliens attempting to use it may find their applications facing more difficulty than they originally imagined!