"B" Visitors: Business or Pleasure

The vast majority of foreign visitors who enter the United States do so as "B" visitors. B visitors must always have a foreign residence to which they intend to return. Most B visitors are issued a small white or green card known as an I-94. This card, not your visa, says how long you can remain in the United States. The maximum period is one year. Most people are admitted for a shorter period of time. Canadians are not issued an I-94, but are still B visitors and must leave the U.S. when the purpose of their temporary entry is completed.

B-1 visitors are business visitors. Examples of permissible B-1 activities include selling or buying goods or services, negotiating contracts, consulting with business associates, attending conventions, or transporting goods to or from Canada or Mexico. Arranging for investments in the United States is also a permissible B-1 activity. A B-1 visitor may not engage in employment in the United States labor market. Some B-1 activities are controversial. These include after-sales warranty service, and the so-called "B-1 in lieu of H-1." Get legal advice before engaging in such activities!

B-2 visitors may be admitted for any legitimate temporary purpose that does not involve employment or an extensive course of study. This includes tourism, visiting friends or relatives, rest, medical treatment, and participation in social events. Checking out a school you hope to attend is also a permissible activity.

Until recently, all B visitors except Canadians needed to get B visas from a U.S. consulate abroad. Now visitors from many countries may be admitted to the U.S. under the visa waiver program. Under this program you will be admitted for ninety days. You cannot extend this period or obtain a change of status. Here is a list of visa waiver countries.

Visitors who do need visas must convince the consular officer that they intend to return after the visit is complete. In some cases and in some countries this is very difficult. This is especially true if you are waiting for an immigrant visa, or if you are married to a U.S. resident or have other close family members in the United States. Useful proof of nonimmigrant intent includes a round-trip ticket along with proof of a permanent home and permanent employment in the country of origin. Close social and family ties to your home country are also important. Many people make the mistake of talking too much about why they want to visit the U.S. It is more important to talk about why you want to come back home!

B visitors with visas (and Canadians) may apply for extensions or change of status to another nonimmigrant classification such as H-1B. However, if a change of status is requested soon after the visitor arrives, or under other suspicious circumstances, the INS may suspect that you misrepresented your intent when you entered the country in the first place, and deny the application. There is a strong presumption of fraud if you apply for a change of status within 30 days of arrival. Changes to F status are viewed very skeptically unless your visa is marked "prospective student." Also, under a new law, B visitors may not begin studies until a change of status is actually approved. Again, check with counsel before applying for a change of status.

We can offer you guidance and help with your plans to visit the United States.