Non-Immigrant Visas

Nonimmigrant visas are issued for the specific purpose of the foreign national's temporary visit. Many of these visas require a petition to be filed and approved by the Immigration & Naturalization Service in the United States before the consular officer can issue the visa.

The difficulty or ease with which a visa is issued is determined by the visa category, and at times, the economic and political conditions of the foreign national's home country.

Although all non-immigrant visas are referenced herein, THE UNITED STATES VISA GUIDE provides analysis for only those visas most commonly used to enter the United States

B-1 - Business Visitor

Description
The business visitor (B-1) visa allows foreign businessmen to enter the United States for a brief period in order to conduct limited business activities.

ADVANTAGES

Simplicity
The B-1 visa does not require a pre-approved visa petition by the Immigration and Naturalization service. The foreign businessman may apply in person at the nearest U.S. consulate. This visa is available to all persons with an actual need to visit the United States for a brief visit for business purposes.

Renewals
The B-1 visa may be renewed indefinitely in increments not to exceed five years.

REQUIREMENTS

Temporary Intent
The B-1 applicant must demonstrate strong personal and business ties to his home country, and otherwise demonstrate that his visit will be temporary in nature.

Valid Business Purpose
The B-1 applicant must demonstrate a valid business purpose which is temporary in nature, and which is permissible under the limited activities permitted for business visitors.

LIMITATIONS

Limited Stay
The B-1 visa holder is typically allowed to remain in the United States for no more than six months per year. Often the visitor will receive permission to remain in the country for only a brief time, depending upon the particular business purpose at the time of entry.

Not Authorized To Work
The business visitor is not allowed to perform any activity that is considered to be “gainful employment” during his stay. The business visitor is not entitled to be employed in any capacity in the United States.

Activities Limited
The business visitor may not perform any activity that would serve a gainful employment purpose for any company or on behalf of the business visitor himself. Activities are limited to consultations, contract negotiations, and attendance at trade shows and conferences.

Admittance Discretionary
Notwithstanding the possession of the B-1 visa in the visitor’s passport, the inspecting officer may deny entrance into the country at any time. The inspecting officer may consider the nature of the visitor’s purpose, number of previous entries, and length of previous stays in admitting or denying any B-1 visitor.

Family Not Included
Each family member must apply for and receive his own B-1 visa in order to enter the United States.

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B-2 - Visitor for Pleasure

Description
The visitor for pleasure (tourist) visa allows foreign visitors to enter the United States for a temporary visit for pleasure or tourism purposes. The visa may be issued in either single entry or multiple entry formats. The visa may also be issued for a limited time frame or on an indefinite basis.

ADVANTAGES

No Sponsor Required
Any foreign person may file an application for a tourist visa without the necessity of a United States sponsor.

Ease of Application
The application itself is filed directly at the United States consulate abroad and typically a decision is made on an immediate or short term basis.

Change of Status
While present in the United States, should the visitor's intentions change as a result of post-admission circumstances, it is possible to seek a change of status to other non-immigrant classifications.

REQUIREMENTS

Valid Passport
The visa is issued by placement within a valid passport.

Non-Immigrant Intent
The foreign national must satisfy the consular officer that he will return abroad upon the completion of his temporary visit for pleasure and will not engage in unauthorized employment in the United States.

Financial Capability
The visa will only be issued to applicants who can demonstrate the financial resources that would accommodate round trip travel to and from the United States as well as payment of all living expenses during the temporary visit.

LIMITATIONS

Limited Stay
The B-2 visa allows the temporary visitor to enter the United States for an initial stay of no more than six months.

Limited Accessibility
The B-2 visitor is expected to maintain his residence abroad. Many Border Patrol agents interpret this to mean that the visitor should, over the long course, average no more than six months per year in the United States. While it is possible to obtain a six month extension, and then depart the country and re-apply for admission immediately, the inspecting Immigration officer may deny admission for failure to maintain sufficient presence abroad.

No Employment
No employment is authorized in the United States while present on a B-2 visitor's visa.

Family Not Included
Each family member must apply for and receive his own B-2 visa in order to enter the United States.

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