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The B nonimmigrant visa category covers alien visitors for business (B-1) and
pleasure (B-2). Most aliens who enter the United States each year do so as nonimmigrant
visitors in the B visa category. Stays in the United States in this category are
usually brief, and involve activities like travel and tourism, visiting family
members, obtaining medical care, or conducting business on behalf of an overseas
employer. The trips cannot involve employment in the United States or the undertaking
of an academic study program.
Duration of Stay
A period of admission of one year may be obtained on initial entry to this country.
Extensions of stay can be granted for no more than six months at a time. An exception
to the six-month extension rule is made for certain missionaries.
A business visitor (B-1) will be granted only a period of entry necessary to
conduct his or her business. Most such visits are approved for less than three
months.
Tourists in the B-2 category are automatically given a period of entry of six
months, even if the visitor intends to remain only for a short period. A longer
period than six months can be granted unusual circumstances, while a border agent
can give less than six months only "for good cause," and only when approved
by a higher level official.
B-1 Business Visitors
The State Department has enumerated a number of legitimate activities for business
visitors to the United States. This enumeration appears in the State Department's
internal instructions to consular officers, the Foreign Affairs Manual. The basic
rules governing the B-1 visa determination are as follows:
- With few exceptions, the B-1 visa holder cannot engage in productive employment
in the U.S. Productive employment includes both salaried work for an employer
and services for hire on an independent basis (independent contractors or freelancers).
- The B-1 business activity should be associated with international trade or
commerce.
- The principal benefit of the activity accrues to the business person or corporate
entity abroad. This includes the payment of the B-1 visa holder from a source
outside the U.S.
If the prospective B-1 visa holder is to be paid a salary from a U.S. source,
there is little chance that he or she qualifies for a B-1 visa. The same
is true when the prospective visa holder is an independent contractor or business
entrepreneur in a service field and will receive payment under contract or otherwise
from a U.S. source., the B-1 visa is inappropriate, although this case is
less clear with a salary situation.
B-2 Visitor for Pleasure
The B-2 category includes tourists, persons on shopping trips, and persons
visiting friends or relatives in the United States. It also includes persons coming
to the U.S. to seek medical attention and person coming to conferences or conventions
not relating to business. It also covers family members of aliens who are crewmen
or belong to the armed services.
This category can also be used for dependents of nonimmigrant in other categories
who do not themselves qualify for derivative status in that category, e.g., the
elder parent of an H-1B nonimmigrant. Persons in this last group will normally
be admitted for the maximum period permissible up to the limit of the principal
nonimmigrant's period of stay. Therefore, if the principal is an H-1 nonimmigrant
admitted for a three-year period, the elderly parent dependent will be admitted
in the B-2 category for one-year period that can be extended as long as the principal
nonimmigrant remains legally in the United States.
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