Introduction

The B1/B2 visitor visa allows foreign nationals to travel temporarily to the United States for business (B1), tourism (B2), or both (B1/B2). It is the most commonly used visa for short trips to the US. These visas are valid for ten years from the date of issue and permit a stay of up to 180 days per visit.

Business (B1) Visa

The B1 visa is for short business trips, including:

  • Business Consultations: Meetings, negotiations, or discussions with business associates.
  • Attending Conferences: Participation in professional, educational, scientific, or business conventions.
  • Settling an Estate: Handling matters related to inherited property or assets.
  • Contract Negotiations: Signing or negotiating contracts with US companies.
  • Professional Exams and Licensing: Taking exams or obtaining licenses available only in the US.

Tourism (B2) Visa

The B2 visa is for tourism and non-business activities such as:

  • Tourism: Sightseeing, visiting landmarks, and experiencing US culture.
  • Visiting Family or Friends: Seeing loved ones living in the US.
  • Medical Treatment: Receiving medical procedures or treatments available in the US.
  • Social Events: Attending concerts, festivals, cooking classes, and other social gatherings.
  • Non-Professional Events: Competing in amateur tournaments or contests without pay.
  • Short Courses of Study: Enrolling in courses under 18 hours per week

Not Permitted Activities

B1/B2 visa holders cannot:

  • Enroll in long-term educational programs.
  • Work long-term with a US company.
  • Perform in paid events before a paying audience.
  • Work as crew members on ships or aircraft.
  • Work in foreign press or journalism.
  • Seek permanent residence in the US.
  • Engage in birth tourism to obtain US citizenship for their child.

Key Information for B1/B2 Visa Holders:

Visa Updates: The Department of Homeland Security, Customs and Border Protection(CBP) will provide visa holders with updates throughout the year about the Electronic Visa Update System (EVUS) and the U.S.-China visa validity extension agreement.

Work Authorization: As of March 2023, B1 or B2 visa holders can apply for jobs and attend interviews in the U.S. but must obtain proper work authorization before starting employment.

Combined Visa: Typically, B1 and B2 visas are issued together, allowing holders to travel for both business and pleasure.

Multiple Entries and Potential Issues: Frequent or prolonged stays on a B1/B2 visa can lead to concerns about intent to live in the U.S. Customs and Border Protection (CBP) officers may question the visa’s use or your ties to your home country, potentially causing entry denial or future visa problems. Always follow the visa’s restrictions to avoid issues.

Eligibility Requirements for a B1/B2 Visa

To qualify for a B1/B2 visa, applicants must meet the following criteria:

  1. Temporary and Legitimate Purpose: The visit must be short-term and for a valid reason, such as business or tourism. Although “temporary” is not strictly defined, it generally means a limited stay. For instance, accompanying a partner on a long-term assignment or degree program can still be considered temporary if there’s a clear intent to leave the U.S. afterward.
  2. Defined Duration: The stay should have a clear end date. Even if it exceeds six months or a year, it must not be indefinite.
  3. Purpose Consistency: The length of stay should match the visit’s purpose.
  4. Plans for Departure: Applicants must have specific plans to leave the U.S. after their visit.
  5. Residence Abroad/Intent to Return: Proof of strong ties, such as a job, property, or family, that guarantee the applicant’s return. It is essential to have a principal and real residence abroad. An applicant’s intention to return to their home country cannot be satisfied by leaving behind a child, spouse, or other dependents.
  6. Financial Stability: Demonstrate sufficient funds to cover all trip expenses, including travel, accommodation, and living costs.
  7. Visa Requirements: Be aware of additional requirements such as having an ABTC, applying for a B1/B2 visa, and specific conditions for B1 and B2 visas.

Failure to meet these criteria may result in a visa denial under INA 214(b) (presumption of immigrant intent).

Steps to Apply for a B1/B2 Visa

  1. Determine Visa Type:
    • Confirm that the B1/B2 visa is appropriate for your purpose of travel (business, tourism, or medical treatment).
  2. Complete the DS-160 Form:
    • Fill out the Online Non-Immigrant Visa Application (Form DS-160) on the Consular Electronic Application Center (CEAC) website.
    • Print the DS-160 confirmation page with the barcode for your records.
  3. Pay the Visa Application Fee:
    • The standard application fee is $185. This fee is non-refundable.
    • Some applicants may need to pay additional fees depending on their nationality and specific circumstances.
    • Some nationalities may also need to enroll in the Electronic Visa Update System (EVUS)which includes a separate fee.
  4. Schedule Your Visa Interview:
    • Book an appointment for your visa interview at the U.S.embassy or consulate in your home country.
    • You can schedule the interview online through the embassy’s or consulate’s website.
  5. Prepare Required Documentation:
    • A valid passport (with at least six months validity beyond your intended stay). Must have at least one blank page for the visa stamp.
    • DS-160 confirmation page.
    • Visa application fee receipt.
    • Recent passport-sized photograph (meeting specific requirements).
    • Bank statements, pay stubs, or other financial documents demonstrating sufficient funds to cover your trip.
    • Evidence of ties to your home country, such as employment letters, property deeds, or family information that shows your intention to return after your visit.
    • Travel itinerary, such as travel plans including flight bookings and accommodation arrangements.
    • Previous U.S. travel history, if applicable.
    • A letter from a U.S. host or organization inviting you to the U.S. for business or tourism, including details about the visit.
    • Any other documents requested by the consular officer or required based on your circumstances.
  6. Attend the Visa Interview:
    • Arrive at the embassy or consulate on the scheduled date and time.
    • Be prepared to answer questions about your travel plans and provide any additional information or documentation requested.
    • You will also undergo an ink-free, digital fingerprint scan during the interview.
  7. Additional Documentation or Follow-Up:
    • If the consular officer requires additional documentation, provide it as requested.
    • Sometimes additional processing may be needed before a final decision is made.
  8. Receive Your Visa:
    • If approved, your passport will be returned with the B1/B2 visa stamped inside.
    • Processing times can vary, so check with the embassy or consulate for estimated times.

B1/B2 Visa Interview Tips

  1. Prepare Thoroughly:
    • Ensure all documents are complete and accurate.
    • Familiarize yourself with your application and travel plans.
  2. Be Honest and Clear:
    • Answer questions truthfully and directly.
    • Avoid unnecessary details.
  3. Stay Calm and Confident:
    • Maintain a positive attitude and stay relaxed.
    • Dress professionally.
  4. Provide Relevant Information:
    • Focus on your visit’s purpose, financial stability, and ties to your home country.
    • Be ready to explain how you will cover your trip expenses and your return plans.
  5.  Listen and Follow Instructions:
    • Pay attention to questions and ask for clarification if needed.
    • Follow any specific instructions from the consulate.
  6. Be Punctual:
    • Arrive on time for your appointment.

Sample B1/B2 Visa Interview Questions

Purpose of Visit

Travel History

Relatives in the US

Sponsor

Accommodation

Sponsor’s Details

Travel Companions

Travel Plans

Activities in the US

Ticket Bookings

Expected Expenses

Previous International Travel

Duration of Stay

Return Assurance

Meeting Sponsor

Residence Details

Employment Details

Pension and Asset Ownership

Employment Intent

Children’s Information

Health Condition

Note: Be prepared to answer additional questions to confirm you are physically and mentally fit for travel.

Will the Consulate Review Your Supporting Documents?

Sometimes, visa applicants show up at the interview, with a handful of documents that demonstrate substantial ties to the home country and therefore a likelihood of timely return, but the consular officer does not look at them and denies the application anyway. This can feel unfair and seems to go against a fair process.

To avoid this, especially in complex or high-risk cases, you should send your documents ahead of time. Include:

  • A copy of your supporting documents
  • A sworn, notarized affidavit explaining your trip and ties to your home country
  • Your name, visa case number, and interview date
  • A copy of the Visa Interview Scheduling Notice

Send these to the Non-Immigrant Visa Unit of the Embassy or Consulate before your interview. While there is no guarantee the documents will be reviewed, this approach has worked for many applicants.

It is not easy to find the email address of the Non-Immigrant Visa Unit of the embassy or consulate. Over the years, the State Department has made it harder for the public to communicate with them. Here are the U.S. Embassy and Consulates and their website pages.

How Long Does It Take to Get a Visa Appointment?

The wait time for a B1/B2 visa interview can range from a few weeks to over a year, depending on the U.S. Embassy or Consulate. Use the State Department’s “Appointment Wait Time” tool for current wait times at specific locations. Applying in a different country from your home may lead to wait times longer. In emergencies, you can request an expedited interview.

Expedited Interview for B1/B2 Visa

In urgent situations, you can request an expedited appointment. Qualifying emergencies include:

  • Urgent medical treatment
  • Funerals
  • Immediate business needs

How to Request an Emergency Appointment

  1. Complete the DS-160 Form: Ensure this form is filled out and submitted.
  2. Pay the Visa Fee: Ensure the visa application fee is paid.
  3. Schedule a Regular Appointment: Book a regular visa appointment through the U.S. Embassy or Consulate’s online system.
  4. Request an Expedited Appointment: Log in to your account, select “Expedite” on the appointment dashboard, and provide details and supporting documents for your emergency.
  5. Wait for Response: The consulate will review your request and notify you via email. If approved, follow the instructions to schedule your emergency appointment.

Documents for Emergency Requests

  1. Medical Emergencies: Letter from your doctor detailing the medical condition and urgency.
  2. Funerals/Death of a Family Member: Death certificate or letter from the funeral home.
  3. Urgent Business Needs: Letter from a U.S. employer or business partner explaining the urgency.

Important Notes

  • Not all expedited requests are approved. Provide as much detail and supporting documentation as possible.
  • If your request is denied, you will need to attend the regular appointment you scheduled

Visa Duration and Entry Details

  • Maximum Stay: The maximum stay on a B1/B2 visa is up to 6 months per entry. Extensions in the US are possible under certain circumstances. The exact duration varies per visa holder but should not exceed 6 months.
  • Multiple Entry: The B1/B2 visa typically allows multiple entries. There is no limit to the number of visits per year and each entry is at the discretion of the CBP officers. Be aware that certain travel patterns such as frequent trips to the US in quick succession or recent long stays may raise concerns with Customs and Border Protection (CBP).

Specific Information by Country

  • Canada and Bermuda: Canadian and Bermudan citizens do not need a visa for tourism but need specific visas for studying, working, or moving to the US permanently.
  • China: As of November 29, 2016, Chinese citizens with 10-year B1, B2, or B1/B2 visas must update their biographical information every 2 years or with a new passport or visa through the Electronic Visa Update System (EVUS). Enrollment is currently free but may incur a fee in the future. For details, visit the EVUS website.
  • Mexico: Mexican citizens and permanent residents need a non-immigrant visa or Border Crossing Card (Laser Visa) to enter the U.S. The B-1/B2 visa and Border Crossing Card have been combined into one document (DSP-150). For more information, visit the U.S. Embassy or Consulate website in Mexico.

Understanding B-1/B-2 Visa Outcomes and What to Do if Denied

Applying for a B-1/B-2 visa to visit the U.S. for business or pleasure can result in different outcomes. Understanding these outcomes and what steps to take if your application is denied can help you navigate the process more effectively.

Possible Visa Outcomes

  • Approved: If your visa is approved, it will be stamped in your passport. You can then travel to a U.S. port of entry, where a Customs and Border Protection (CBP) officer will determine your admissibility and length of stay.
  • Administrative Processing: Sometimes, the consular officer may require additional administrative processing. This is not a denial but a delay while they review your case further. You might be asked to provide additional documents or information.
  • Denied: A visa denial typically falls under Section 214(b) of the Immigration and Nationality Act (INA), which presumes all applicants intend to immigrate until they can prove otherwise. Common reasons for denial include insufficient ties to your home country, failure to demonstrate the purpose of your visit, or past immigration violations.

Steps to Take if Your Visa Application is Denied

  1. Understand the Denial: The denial notice will specify the reason for the rejection. Common issues include weak ties to your home country, incomplete documentation, or an unclear purpose of travel.
  2. Address the Issues: Carefully review the denial reasons and identify how you can address them. This may involve providing additional evidence such as proof of employment, family ties, financial stability, property ownership, or detailed travel plans.
  3. Reapply: There is no mandatory waiting period to reapply after a denial. However, ensure you address the initial reasons for denial in your new application. Include additional documents and explanations to resolve the concerns raised earlier. Be prepared to pay the application fee again and possibly attend another interview.
  4. Seek Legal Advice: If you are unsure about the denial reasons or how to address them, consulting an immigration attorney can be beneficial. A lawyer can help you understand the denial, gather necessary documents, and strengthen your application.
  5. Letter of Reconsideration: In some cases, you can write a letter requesting reconsideration of your application. This letter should clearly state the reasons for denial and provide new evidence to support your case. However, this option is less common and may not always result in approval.
  6. Explore Alternative Visa Options: Depending on your circumstances, you might consider applying for a different type of visa that better fits your travel purpose. Consulting an immigration attorney can help you explore these alternative options.

If you are facing challenges with your B-1/B-2 visa application or need expert advice on navigating the process, our team at Herman Legal Group is here to assist. Contact us to book a personalized consultation and get the guidance you need to improve your chances of a successful application. Call us at +1 (216) 696-6170

Common Reasons for B1/B2 Visa Denial

  1. Errors on Form DS-160: Inaccuracy or incomplete information on the visa application form can lead to denial. Ensure all details are accurate and complete before submission.
  2. Applying From a Third Country: Applying for a visa from a country other than your home country can increase the risk of denial. It is generally advisable to apply from your country of residence.
  3. High Denial Rate Country: Applicants from countries with high visa denial rates should provide strong evidence to support their application.
  4. Unclear Travel Itinerary: Failure to present a detailed travel plan can result in denial. Ensure your itinerary is clear and well-documented.
  5. Financial Issues: Inability to demonstrate sufficient funds to cover your stay can lead to denial. Provide strong financial documents, such as bank statements and proof of income.
  6. Weak Ties to Home Country: Proving strong ties to your home country is essential to prove your intention to return. This can include evidence of employment, family connections, and property ownership.
  7. Previous Visa Denials: Past visa denials can impact future applications. Address the reasons for previous denials in your new application and provide evidence to counter any previous issues.
  8. Prior Immigration Violations: Previous violations, such as overstaying a visa, can lead to denial. Be aware of your past violations and seek advice on how to address them in your application.
  9. Unprepared for Visa Interview: Being unprepared or misrepresenting facts during the interview can lead to denial. Prepare thoroughly and answer questions honestly.
  10. Criminal History: A criminal record can make you inadmissible for a visa. Depending on the crime, you may need to apply for a Waiver of Inadmissibility.

Understanding CBP Decisions: What Happens If You’re Denied Entry on a B1/B2 Visa

Obtaining a B1/B2 visa is only the first step in visiting the U.S.; you must also be approved by U.S. Customs and Border Protection (CBP) officers at the port of entry. If CBP determines you are not eligible for entry, there are several potential outcomes and procedures, including expedited removal and visa cancellation. Here’s what you need to know:

Reasons for Denial

CBP officers may deny entry to a B1/B2 visa holder for several reasons:

  • Misrepresentation: Providing false or misleading information or documents.
  • Immigration Intent: Suspected intent to immigrate rather than visit temporarily.
  • Insufficient Funds: Lack of sufficient funds to cover your stay.
  • Prior Violations: History of immigration violations or overstays.
  • Security Concerns: Suspicion of involvement in criminal activities or posing a security threat.

CBP’s Options if Entry is Denied:

  1. Expedited Removal:
    • Description: This process allows CBP to remove individuals from the U.S. without a formal hearing.
    • Criteria: Applicable if you are inadmissible under specific sections of the Immigration and Nationality Act (INA) for issues like misrepresentation or lack of valid documents, and are within 100 miles of the U.S. border and have been in the U.S. for less than 14 days.
    • Consequences: Includes a 5-year reentry ban to the U.S.
  2. Visa Cancellation Without Prejudice:
    • Description: CBP may cancel your B1/B2 visa without prejudice.
    • Implications: The visa is invalidated, but the cancellation is not due to wrongdoing; you simply do not meet the entry requirements at that time.
    • Future Actions: You can reapply for a new visa in the future, and the canceled visa will not negatively impact your new application.
  3. Withdrawal of Application for Admission:
    • Description: You may be allowed to withdraw your application for admission.
    • Process: This option allows you to avoid formal removal proceedings, requires you to leave the U.S. immediately (usually on the next available flight), and imposes no re entry ban, so you can reapply for entry later.
  4. Deferred Inspection:
    • Description: CBP may defer your inspection to a later date.
    • Process: You may be allowed into the U.S. temporarily to undergo a detailed inspection at a CBP office later. This option is used for complex cases requiring additional documentation or review.
    • Usage: While not commonly used, it provides a temporary solution pending further examination.

Summary

  • CBP Authority: CBP officers determine admissibility at the port of entry. A valid B1/B2 visa does not guarantee entry.
  • Expedited Removal: Immediate removal with a 5-year reentry ban for issues like misrepresentation or invalid documents.
  • Visa Cancellation: Cancellation without prejudice allows future reapplication without penalties from the canceled visa.
  • Voluntary Withdrawal: Avoids formal removal proceedings; reapply for entry later without a ban.
  • Deferred Inspection: A temporary measure for cases needing further documentation or review.

Understanding the Visa Waiver Program (VWP) and ESTA Application Process

The Visa Waiver Program (VWP) enables citizens of 38 countries to travel to the U.S. for tourism, business, or transit purposes without needing a visa for stays of up to 90 days. Here’s a list of countries participating in the VWP:

  1. Andorra
  2. Australia
  3. Austria
  4. Belgium
  5. Brunei
  6. Chile
  7. Czech Republic
  8. Denmark
  9. Estonia
  10. Finland
  11. France
  12. Germany
  13. Greece
  14. Hungary
  15. Iceland
  16. Ireland
  17. Italy
  18. Japan
  19. Korea, Republic of (South Korea)
  20. Latvia
  21. Liechtenstein
  22. Lithuania
  23. Luxembourg
  24. Malta
  25. Monaco
  26. Netherlands
  27. New Zealand
  28. Norway
  29. Portugal
  30. San Marino
  31. Singapore
  32. Slovakia
  33. Slovenia
  34. Spain
  35. Sweden
  36. Switzerland
  37. Taiwan
  38. United Kingdom

Applying for ESTA

To travel to the U.S. under the VWP, you need to apply for an Electronic System for Travel Authorization (ESTA). Although it’s not a visa, ESTA is required for entry under the VWP.

Steps to Apply for ESTA

  1. Check Eligibility
    • Citizenship: You must be a citizen or eligible national of a VWP country.
    • Travel Purpose: Your visit must be for 90 days or less, for business, tourism, or transit.
    • Valid Passport: You need an e-passport with an embedded electronic chip.
  2. Gather Required Information
    • Personal Details: Full name, date of birth, passport information.
    • Travel Information: Flight details, U.S. contact information (if applicable), address where you’ll stay in the U.S.
    • Employment Information: Current or previous employer details.
  3. Visit the ESTA Website
  4. Apply for ESTA
    • Start Application: Click on “New Application” and choose “Individual Application” or “Group of Applications” if traveling with others.
    • Enter Information: Complete the form with accurate personal, travel, and employment details, matching your passport exactly.
    • Answer Security Questions: Respond to questions about health, criminal history, and past visa denials.
  5. Submit Application
    • Review: Double-check all information to avoid errors, which could lead to denial.
    • Submit: Once verified, submit your application.
  6. Pay the Fee
    • Payment: Use a credit or debit card to pay the ESTA fee, currently $21 (subject to change).
    • Confirmation: Receive a confirmation of your application submission.
  7. Wait for Approval
    • Processing Time: ESTA applications are typically processed instantly but may take up to 72 hours.
    • Check Status: Monitor your application status on the ESTA website using your application number.
  8. Print Authorization
    • Print: While not required at entry, keeping a printed copy of your ESTA approval is recommended for your records.

Tips for ESTA Application

  • Apply Early: Complete your ESTA application as soon as you book your trip to avoid last-minute issues.
  • Validity: An approved ESTA is valid for multiple entries over 2 years or until your passport expires, whichever comes first.
  • Update Information: You can update certain details, such as your email address or U.S. contact information, after approval.

Eligibility for Changing or Adjusting Status After Entering on a B1/B2 Visa

B1/B2 visas are designed for temporary visits to the U.S. for business, tourism, or medical treatment. However, you may be able to change to another visa type or adjust your status while in the U.S., provided you meet certain conditions. Common changes include:

Process for Changing Status

  1. File a Change of Status Application:
    • Submit your application with U.S. Citizenship and Immigration Services (USCIS) before your current status expires.
  2. Timing:
    • Apply at least 45 days before your B1/B2 status expires to avoid gaps in your legal status.
  3. Eligibility:
    • Ensure that your intended purpose aligns with the new visa type and that you have not violated your status.
  4. Approval:
    • USCIS makes the final decision on your application.

Preconceived Intent Warning

A significant risk when applying to change or adjust status is the issue of preconceived intent. This refers to entering the U.S. on a B1/B2 visa with the intention of changing or adjusting your status, which is contrary to the visa’s temporary nature.

What is Preconceived Intent?

B1/B2 visas are meant for short-term visits. If you apply to change or adjust status shortly after arrival, it may suggest that you had an intent to stay permanently, which is not allowed under the B1/B2 visa terms.

Risks and Consequences

  • Visa Revocation and Removal Proceedings : If found with preconceived intent, your visa may be revoked, and you could face deportation proceedings with potential bans on future U.S. entry.
  • Denial of Status Change or Adjustment: USCIS may deny your application based on preconceived intent, seeing it as misrepresentation of your initial purpose for entering the U.S.
  • Impact on Future Visa Applications: A finding of preconceived intent can negatively affect future visa applications, as it may be viewed as a misrepresentation of your intentions.
  • Permanent Record of Misrepresentation: Any misrepresentation will be recorded permanently, complicating future visa applications.

Indicators of Preconceived Intent

  • Timing: Applying for a status change soon after entry can be seen as suspicious. USCIS scrutinizes applications made within 90 days of entry.
  • Nature of Status Change: Transitioning from a visitor visa to a status allowing long-term stay or employment can trigger scrutiny.
  • Previous Visa Issues: Quick applications following prior visa denials for immigrant intent can raise red flags.
  • Inconsistent Statements: Discrepancies between your visa interview statements and subsequent actions can be problematic.

How to Mitigate Risks

  • Be Transparent and Consistent: Ensure that all statements and intentions align with your actual plans and visa requirements.
  • Avoid Rapid Changes: Avoid applying for a change of status immediately upon arrival. If necessary, provide compelling evidence that your circumstances changed unexpectedly.
  • Consult an Immigration Attorney: Seek legal advice to navigate the complexities of changing or adjusting status. An attorney can help address potential preconceived intent issues and strengthen your application.
  • Provide Strong Evidence: Collect and present documents demonstrating your initial intent for a temporary stay and any substantial changes justifying a status change.

By knowing preconceived intent and taking steps to mitigate the risks, B1/B2 visa holders can navigate their immigration options better and avoid big problems.

B-2 Visa for Medical Treatment in the U.S.: Essential Documents and Requirements

If you are seeking medical treatment in the US, you need to have additional documents on top of the regular requirements. These documents will prove the necessity of your medical visit and your ability to pay for the expenses. Here are the documents you need to present:

Required Medical Care Documents

  1. Medical Diagnosis from a Local Doctor: This should explain your condition and why you need to be treated in the US.
  2. Letter from US Doctor or Medical Facility: Secure a letter from a U.S.-based doctor or medical facility outlining their commitment to treating your condition. The letter should include:
    • Details of the treatment plan.
    • Estimated duration of the treatment.
    • A breakdown of all associated costs, including doctor’s fees, hospitalization, and other medical expenses.
  3. Statement of Financial Responsibility: Provide a statement from the individual or organization covering your expenses. This statement should include:
    • Proof of their financial capability, such as bank statements or certified copies of income tax returns.
    • Documentation of their commitment to cover your transportation, medical, and living expenses.

Additional Medical Treatment Requirements

  1. Medical Report: Provide a medical report from a doctor in your home country describing the medical condition and possibility of treatment locally.
  2. US Doctor’s Statement: Ensure the U.S. doctor provides a statement on official letterhead, including:
    • A description of your medical condition.
    • The recommended treatment and associated costs.
    • Appointment dates and any other relevant details.
  3. Proof of Financial Capability: Submit bank statements or an affidavit of support showing ability to pay for the treatment.

Note: Even with all the information about your medical condition and proposed treatment, visa approval is not guaranteed. All visa applicants must prove they are not intending immigrants.

B-2 Visa for Pregnant Women: What You Need to Know

Traveling to the U.S. to Give Birth

The B-2 visa is for tourism and short-term visits, not for giving birth in the U.S. to get U.S. citizenship for your baby. If a consular officer suspects that your main reason for traveling is to give birth in the U.S., they may deny your visa. However, you can show that your trip has a different primary purpose.

Purpose of Your Trip

Consular officers look for signs that you might be traveling to give birth in the U.S. This could be indicated on your DS-160 form or during your visa interview. For example, if you say your trip is for “Tourism/Medical Treatment” but they suspect otherwise, they may ask more questions. Officers should handle pregnancy-related questions with care and privacy.

Focus on Your Current Trip

Visa officers should only consider your current trip’s purpose. Being pregnant or the chance of becoming pregnant should not affect your visa application if your travel purpose is valid.

Proving Your True Intent

If an officer suspects you might give birth in the U.S., you need to prove that your primary purpose is not birth tourism. Here’s how:

  • Medical Reasons: If you need specific medical treatment in the U.S. that isn’t available in your home country, provide evidence that this is the main reason for your visit.
  • Family Visits: If you are visiting a family member who is very ill and might give birth while there, show that your main reason is the family visit.

Important Points

  • Prearranged Birth Plans: Having a plan or preference to give birth in the U.S. does not automatically prove you are coming for birth tourism. Officers will check if you have good medical options in your home country.
  • Citizenship Considerations: If your baby will get U.S. citizenship automatically (e.g., through U.S. citizen parents), this alone does not mean you are committing birth tourism.

In short, if you can clearly show that your main purpose for visiting the U.S. is not related to giving birth for citizenship, you should be able to overcome concerns about birth tourism. Be prepared to explain and document your travel purpose clearly.

Understanding Unlawful Gainful Employment on a B-1 Visa

The B-1 visa allows foreigners to enter the U.S. for specific business-related activities but not for employment. It is crucial to differentiate between permissible business activities and unlawful gainful employment.

Key Points on B-1 Visa Usage

  • Purpose: The B-1 visa is for short-term business activities such as negotiating contracts, consulting with business associates, attending conferences, participating in litigation, or conducting independent research.
  • Employment Restrictions: The B-1 visa does not permit engaging in skilled or unskilled labor. If you plan to perform work or labor in the U.S., you should apply for a different type of visa.

Understanding Unlawful Employment

Determining what constitutes permissible business activity versus unlawful employment can be complex. Here’s a breakdown:

  • Principal Place of Business: The primary operations and profit accrual should be based outside the U.S. The foreign entity must have its main office abroad.
  • Source of Remuneration: Payment for work should come from a foreign source. Receiving a salary from a U.S. source is not allowed under the B-1 visa. Any compensation should be processed from the foreign entity.
  • Nature of Activities: Your activities should be incidental to business conducted abroad and not involve productive labor in the U.S. For example:
    • An Italian tailor coming to the U.S. only to measure a customer for suits made in Italy.
    • A German technician assisting with the installation of equipment sold by her German employer to a U.S. customer.

Payments from U.S. Sources

Generally, direct payment from a US source is not allowed under B-1. But there are exceptions, especially for academic activities.

  1. Honorarium Payments:
    • According to the Immigration and Nationality Act (INA) Section 212(q), B-1 visa holders can receive an honorarium from a US institution for usual academic activities which include lecturing, guest teaching or performing in an academic-sponsored festival. This honorarium can be accompanied by incidental expenses.
    • Conditions: The following conditions must be met:
      • The activities must not exceed nine days at any single institution.
      • The professor must not have accepted such payments from more than five institutions or organizations over the past six months.
      • The honorarium is for services conducted for the benefit of the US institution or entity.
  2. Incidental Expenses:
    • Professors and others can be reimbursed for travel, accommodation, and meals, as long as the reimbursement does not exceed the actual expenses incurred.

For Foreign Professors

  • Pre-Approval: Ensure the US institution inviting the professor is aware of and complies with the B-1 visa regulations regarding honorarium payments and expenses.
  • Documentation: Have clear documentation outlining the purpose of the visit, the duration, and the financial arrangements, including any honorarium or reimbursement for expenses.

By adhering to these guidelines, you can ensure that your activities on a B-1 visa remain within legal bounds and avoid issues with unlawful gainful employment.

Alternative Uses for the B-1 and B-2 Visas

While the B-1 visa is commonly associated with business executives, it is also available to various other individuals under specific circumstances. Similarly, the B-2 visa, typically used for tourism, has additional uses. Here’s an overview of both visa categories:

B-1 Visa Categories

The B-1 visa is for short-term business activities. Here are some lesser-known uses:

  1. Religious Leaders and Missionaries:
    • Temporary tours supported by offerings from meetings.
    • Exchanging pulpits temporarily without receiving a U.S. salary.
    • Performing missionary work without U.S. salary.
  2. Voluntary Service Program Participants:
    • Engaging in voluntary service for U.S. communities, supported by recognized organizations.
  3. Board Members of U.S. Corporations:
    • Attending board meetings or fulfilling board-related functions.
  4. Professional Athletes:
    • Competing for prize money or as part of a foreign-based team.
  5. Yacht Crewmen:
    • Providing services on recreational vessels with foreign residences.
  6. Participants in Clerkship Programs:
    • Foreign medical students participating in elective clerk ships without U.S. remuneration.
  7. International Fairs or Expositions:
    • Planning, assembling, dismantling, or maintaining exhibits.
  8. Personal Employees/Domestic Workers:
    • Accompanying U.S. or foreign employers temporarily if they have a residence abroad and an employment contract.
  9. Commercial or Industrial Workers:
    • Installing, servicing, or repairing equipment purchased from abroad.
  10. Foreign Airline Employees:
    • Working for foreign airlines in executive, supervisory, or highly technical capacities or joining an aircraft for international flights
  11. Other Business Activities:
    • Seeking investment opportunities or participating in specific short-term professional activities without receiving a salary from US sources.

B-2 Visa categories

1. Fiancé(e) of US Citizens or Lawful Permanent Residents

Fiancé(e)s intending to marry a US citizen petitioner within 90 days of admission are usually classified under the K-1 non-immigrant category. But a B-2 visa can be issued if the fiancé(e) plans to return to their home country soon after the marriage. B-2 visas may be granted for the following reasons:

  • To visit the family of their fiancé(e)
  • To get engaged
  • To plan the wedding
  • To rekindle the relationship with the prospective spouse

2. Fiancé(e) of Non-immigrants in the United States

Fiancé(e)s of non-immigrants in valid non-immigrant status (e.g., F, H, J, L, M, O, P, Q) can get a B-2 visa if they plan to return to their home country after the visit. They should apply for a change of status to the derivative of their non-immigrant spouse soon after marriage. A B-2 visa is not applicable if the fiancé(e) plans to stay permanently in the US.

3. Proxy Marriage Spouse

A spouse married by proxy to a non-immigrant in the US can get a B-2 visa to join their spouse. Upon arrival, the spouse must seek permission from DHS to change to the appropriate derivative non-immigrant status after the marriage is consummated.

4. Spouse or Child of US Citizens or Non-citizen Residents

Spouses and children, including adopted children, of US citizens or non-citizen residents can be classified as B-2 visitors if traveling to visit or join their family member for a short term visit.

5. Cohabitating Partners, Extended Family Members and Other Household Members

B-2 visas are applicable for household members of non-citizens in long term non-immigrant status who are not eligible for derivative status. This includes:

  • Cohabitating partners
  • Elderly parents of temporary workers, students, or foreign government officials
  • Parents of minor F-1 child-students These may also include those accompanying US citizens returning temporarily from overseas. If the stay is expected to be more than 6 months, they should request 1 year stay upon admission and can apply for extensions in 6 month increments.

6. Applicants under INA 329

Applicants eligible for benefits under INA 329 and seeking entry can be classified as B-2 visitors without meeting the foreign residence requirement.

7. Children under INA 322

Children under 18 eligible for expeditious naturalization under INA 322 can get B-2 visas to facilitate their naturalization. The child must plan to return abroad after naturalization. If living with parents abroad who do not plan to return to the US, the child will generally overcome the presumption of immigration intent.

8. Dependents of Non-citizen US Armed Forces Members

Dependents of non-citizen US Armed Forces members eligible for naturalization under INA 328 can get B visas to accompany their service member on assignments to the US. Future status adjustment does not require visa denial under INA 214(b).

9. Applicants Enrolling in Recreational or Avocational Schools

Applicants enrolling in schools for recreational or educational purposes can be classified as B-2 visitors. If the nature of the program is unclear, DHS should determine the appropriate classification and whether an F-1 student visa is more suitable.

10. Lawful Permanent Residents Needing Emergency Temporary Visit

Lawful Permanent Residents (LPRs) needing to travel to the US urgently can get a B visa for temporary visits without surrendering their Form I-551. This may apply to LPRs temporarily assigned abroad for over a year by a US corporation. The visa should reflect the nature and duration of the travel.

11. Adoptive Child coming to the US for Citizenship

An adoptive child seeking US citizenship under the Child Citizenship Act of 2000 can get a B-2 visa if they plan to return abroad after a temporary stay in the US.

These examples show the B-2 visa flexibility in accommodating special situations so individuals can visit the US for specific and often personal reasons while still complying with immigration rules.

FAQs on U.S. Visas

Navigating the intricacies of B1/B2 visitor visas can be challenging, but understanding the requirements and processes can make the journey smoother. Whether you are traveling for business, tourism, or seeking medical treatment, being well prepared with the necessary documentation is crucial. Always ensure your travel plans align with the visa’s guidelines to avoid complications. For personalized assistance and expert advice, consider consulting with Herman Legal Group. Our experienced immigration attorneys are dedicated to helping you achieve a successful and stress-free visit to the United States. Contact us today to learn how we can support your immigration needs.

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