By Enoch Pei
B-1 and B-2 Visas
What Are They?
B-1 and B-2 visas are nonimmigrant visas granted for the purposes of either business or pleasure, respectively. The usual granted length of stay to a B visa holder is six months, although, extensions can be made up to a total allotted time of one year.
How Do You Apply?
It depends if you are either outside of the U.S. wishing to be admitted, or if you are already within the U.S. in another legal status (such as with an H-1B) wishing to file for a change of status to a B-1 or B-2.
If you are outside of the U.S., then you must apply for the visa in advance with the U.S. embassy or consulate that is stationed in your residing country. But prior to traveling to the U.S. embassy or consulate, you must complete a DS-156 nonimmigrant visa application form. If you are a male between the ages of sixteen and forty-five, then you must also complete a supplemental form, DS-157.
If you are already within the U.S. in another legal status and wish to change status for purposes of preserving legal status, you can file for a change with the U.S Citizenship and Immigration Services through your local service center. If you’re uncertain which service center covers your area of residence, you can check out: https://www.uscis.gov/about-us/find-uscis-office.
How Do You Qualify?
B-1 Visa General Considerations
1. You must be involved in legitimate commercial or professional activity and not local or unskilled work for hire
2. You must establish intention to enter the U.S. for a specific period of limited duration, only to engage in legitimate business activities
3. You must provide proof (such as a deed, title, or apartment lease) of a foreign residence that you will not abandon and that you will ultimately return to
4. You cannot be employed or paid by a U.S. source during your time in the U.S. (although you can receive expense reimbursement for considerations such as food, lodging, and travel)
5. You must provide proof of employment with foreign employer, including proof that foreign employer is paying your salary
6. You must have a bank statement showing adequate funds for self and for dependents to draw on while you are in the U.S.
B-2 Visa General Considerations
1. Your reasons for visitation must be for pleasure, as legitimate activities that include but are not short of tourism, amusement, visits with friends or relatives, rest, medical treatment, etc.
2. Similar to B-1, you must provide proof of a foreign residence that you will not abandon and that you will ultimately return to
3. Similar to B-1, you must provide proof of adequate finances for the duration of your stay and for your eventual departure costs
What about Your Family?
Your spouse and children are not eligible to obtain a dependent visa. Each of your dependents who plan to accompany you must separately apply for a B-2 visa.
If you are a fiancé or fiancée of U.S. citizen, you may enter the U.S. with a B-2 visa for the purposes of marrying the U.S. citizen, so long as the consular officer believes that you will return to your foreign residence after the marriage.
Visa Waiver Program
If you are staying for 90 days or less, you may not need to file for a visa. This depends on your nationality or nationalities to specific countries. To see if you are preapproved under the waiver program, please visit the following link for more information: https://travel.state.gov/content/visas/en/visit/visa-waiver-program.html.
