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B visa
Visitor visa for the United States From Wikipedia, the free encyclopedia
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A B visa is one of a category of non-immigrant visas issued by the United States government to foreign nationals seeking entry for a temporary period. The two types of B visa are the B-1 visa, issued to those seeking entry for business purposes, and the B-2 visa, issued to those seeking entry for tourism or other non-business purposes. In practice, the two visa categories are usually combined and issued as a "B-1/B-2 visa" valid for a temporary visit for either business or pleasure, or a combination of the two. Nationals of certain countries do not usually need to obtain a visa for these purposes.
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Acceptable and prohibited uses of a B-1 or B-2 visa
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Acceptable uses of a B-1 visa
Under the category of temporary visitor for business, a B-1 visa may be used to enter the U.S. to engage in any of the following activities.[1]
- Hold business meetings[2]
- Perform certain business functions as a member of the board of directors of a U.S. corporation[3]
- Purchase supplies or materials
- Interview and hire staff
- Negotiate contracts, sign contracts, or take orders for products manufactured outside the United States[4][2]
- Attend a convention, meeting, trade show, or business event for scientific, educational, professional, or business purposes[4][2]
- Settle an estate[5]
- Perform independent research[4][2]
- Receive practical medical experience and medical instruction under the supervision and direction of faculty physicians at a U.S. medical school's hospital as part of a third-year or fourth-year internship as long as the visitor is a studying at a foreign medical school and the visitor is not compensated by the hospital without remuneration from the hospital[3]
- Observe U.S. medical practices and consult with medical colleagues on techniques, as long as the visitor is a medical doctor, the visitor receives no compensation from a U.S. source, and the visitor does not provide patient care while in the U.S.[3]
- Take photographs, as long as the visitor is a professional photographer and the visitor receives no compensation from a U.S. source[3]
- Record music, as long as the visitor is a musician, the recording will be distributed and sold only outside the U.S., and the visitor will give no public performances[3]
- Create art, as long as the visitor is a creative artist, the visitor is not under contract with a U.S. employer, and the visitor does not intend to regularly sell such artwork in the U.S.[3]
- Perform certain professional services[6]
- Perform as a professional entertainer as part of a cultural exchange program performed before a nonpaying audience and funded by the visitor's country[2]
- Perform as a professional entertainer as part of a competition for which there is no compensation other than travel expenses or, in certain limited instances, a prize[2]
- Perform work as crew on a private yacht that sails out of a foreign home port and cruises in U.S. waters[2]
- Perform services on behalf of a foreign-based employer as a jockey, sulky driver, horse trainer, or horse groomer[3]
- Compete in a particular athletic competition[4] with the only compensation being prize money as long as the prize money is not the recipient's primary source of income[2]
- Try out for a professional sports team[4] as long as the visitor is not compensated other than reimbursement of travel expenses[2]
- Participate in an athletic tournament or athletic sporting event as a professional athlete, as long as the visitor's only compensation is prize money, the visitor's principal place of business or activity is outside the U.S., the visitor's primary source of income is outside the U.S., and the visitor is either part of an international sports league or the sporting activities involved have an international dimension[3]
- Survey potential sites for a business[4]
- Perform as a lecturer or speaker[4]
- Work for a foreign exhibitor in connection with exhibits at international fairs or international exhibits, as long as the visitor's employment responsibilities are primarily outside the U.S.[2]
- Install, service, or repair commercial or industrial equipment or machinery that was sold by a non-U.S. company to a U.S. buyer when specifically required by the purchase contract; construction work is not allowed[4][2]
- Perform a minor amount of volunteer services, excluding construction, for a religious organization or a nonprofit charitable organization, as long as volunteering is not the primary purpose of entering the U.S.[2]
- Participate in a training program that is not designed primarily to provide employment[4]
- Observe how a business operates or how professional activities are conducted[2]
- Seek investments in the U.S., without actually performing productive labor or actively participating in the management of a business[2]
- Participate in Peace Corps training as a volunteer or under contract[2]
- Participate in the United Nations Institute for Training and Research internship program, as long a foreign government does not employ the visitor[2]
- Drill for oil on the Outer Continental Shelf[2]
- As a minister of religion, engage in an evangelical tour, as long as the visitor does not intend to take an appointment with any one church and the visitor will be supported by offerings contributed at each evangelical meeting[3]
- As a minister of religion, temporarily exchange pulpits with U.S. ministers of religion, as long as the visitor will continue to be reimbursed by a foreign church and will not be compensated by the U.S. church[3]
- Perform missionary work, religious instruction, religious aid to the elderly or needy, or religious proselytizing as a member of a religious denomination, as long as the work does not involve the selling of articles, the solicitation of donation, the acceptance of donations, administrative work, or is a substitute for ordinary labor for hire, and the visitor will not be compensated from U.S. sources other than an allowance or other reimbursement for travel expenses incidental to the temporary stay[3]
- Participating in an organized project conducted by a recognized religious or nonprofit charitable organization that benefits U.S. local communities, as long as the visitor is a member of, and has a commitment to, the particular organization, the visitor receives no compensation from a U.S. source other than reimbursement of travel expenses[3]
- Work as a personal employee or a domestic employee of an employer who seeks admission into, or who is already in, the United States in B, E, F, H, I, J, L, M, O, P, Q, or R non-immigrant status, if and only if the employee has been employed outside the U.S. in a similar capacity prior to the date the employer enters the U.S., the employee has a residence outside the U.S. that the employee has no intention of abandoning, the employer compensates the employee based on the prevailing wage, and the employer provides the employee free room and board.[7][8]
- Work as a personal employee or a domestic employee of a U.S. citizen employer, if and only if the employer ordinarily resides outside the U.S.; the employer is traveling to the U.S. temporarily; the employer is subject to frequent international transfers of at least two years; the employer will reside in the U.S. for no more than four year as a condition of employment; the employer has regularly employed a domestic employee in the same capacity while outside the U.S.; the employee has a minimum of one year of experience in the same capacity; the employer provides the employee with the prevailing wage, room, board, and round-trip transportation; and the employee has a residence outside the U.S. that the employee has no intention of abandoning.[9][10]
Acceptable uses of a B-2 visa
Under the category of temporary visitor for pleasure, a B-2 visa can be used to enter the U.S. to engage in any of the following activities.
- Travel within the U.S.[3]
- Visit family or friends
- Participate in a convention, a conference, or a convocation of a fraternal, social, or service nature[3]
- Obtain medical treatment, as long as the visitor has the means to pay for it[3][11]
- Enroll in a short, recreational course of study, as long as it is not credited toward a degree[3]
- Participate in an event, talent show, or a contest as an amateur, as long the visitor is not typically compensated for such participation and the visitor does not actually receive payment, other than reimbursement of travel expenses[3]
- Enter as a dependent of an alien member of any branch of the U.S. Armed Forces temporarily assigned for duty in the U.S.[3]
- Accompany a person with either a D-1 visa or a D-2 visa with the sole purpose of accompanying the person[3]
- Enter with the intent of becoming engaged, meeting the family of a fiancé, making arrangements for a wedding, or renewing a relationship with a fiancé[3]
- Enter with the intent of marrying a U.S. citizen and then return to a residence outside the U.S. after the marriage[3]
- Accompany a spouse or child who is a U.S. citizen on a temporary visit to the U.S.[3]
- Enter as a cohabiting (unmarried) partner of a non-immigrant visa holder if the partner is not otherwise eligible for derivative status under the partner's visa classification.[3]
Prohibited uses
A person who enters the U.S. with a B-1 visa or a B-2 visa is prohibited from engaging in any of the following activities.
- Employment, whether paid or unpaid (some exceptions apply)
- Receive education that credits to a degree
- Arrive in the U.S. as a part of a crew of a ship or an aircraft
- Work as a journalist or other information media
- Perform before a paying audience
- Live permanently or long-term in the U.S.
- Manage a business located in the U.S.[4]
- Start a new branch, subsidiary, or affiliate of a foreign employer[2]
- Enter the U.S. with the purpose of performing emergency response services[2]
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Requirement to overcome presumption of intending immigrant
Under section 214(b) of the Immigration and Nationality Act, a foreigner must prove to the satisfaction of the consular officer his or her intent to return to his home country after visiting the United States. The act specifically states:[12]
Every alien (other than a nonimmigrant described in subparagraph (L) or (V) of section 101(a)(15), and other than a nonimmigrant described in any provision of section 101(a)(15)(H)(i) except subclause (b1) of such section) shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for a visa, and the immigration officers, at the time of application for admission, that he is entitled to a nonimmigrant status under section 101(a)(15).
In practice, this means that consular officers have wide discretion to deny a visa application. Once refused, there is no judicial or other means to challenge a visa decision. The foreigner, however, is free to apply for a visa again, particularly if circumstances have changed that might show to the consular officer that the applicant overcomes the presumption of being an intending immigrant.[13]
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Cost
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All applicants for a B-1 and/or B-2 visa must pay an application fee, US$185 as of 2024.[14] If the application is approved, nationals of a few countries must also pay an issuance fee, based on reciprocity, varying by nationality, desired visa validity, number of entries and visa subtype (B-1, B-2 or combined B-1/B-2).[15]
As of 2024[update], only nationals of the following countries must pay the issuance fee.[15]
History
Prior to 1994, visas could be issued with indefinite validity, limited only by the validity of the containing passport. These visas were also known as Burroughs visas, since they were produced with a Standard Register protectograph, also known as a Burroughs certifier machine.[16] There was no application fee, and only the issuance fee was charged, varying by nationality based on reciprocity.[17] For certain countries, officers were also authorized to issue them to the "bearer" of the passport, instead of having to write their name.[16]
The issuance of indefinite validity visas was stopped on April 4, 1994. As more costly machine-readable visas were introduced to replace stamped visas, the application fee was introduced for all applicants, in addition to the reciprocal issuance fee.[18] The application fee was initially US$20, and has increased several times since then.
Bearer visas became obsolete with the rollout of machine-readable visas, which were all individually qualified.[16] Burroughs visas became void on April 1, 2004.[19]
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Validity period and duration of stay
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United States | |
10 years
4–5 years
2–3 years |
12–15 months
3–6 months
1 month–5 years (depending on issuance fee or visa subtype) |
As with other non-immigrant U.S. visas, a B-1/B-2 visa has a validity period (from 1 month to 10 years), allows for one, two, three or multiple entries into the U.S., and elicits a period of stay (maximum 6 months) recorded by the Customs and Border Protection officer at the port of entry on the individual's form I-94. The validity period determines how long the visa may be used to enter the U.S., while the period of stay determines how long the person may stay in the U.S. after each entry.
Validity periods per country are listed in the U.S. Department of State visa reciprocity tables and vary from 1 month for Tuvalu (for B-1), 1 year for Vietnam, 2 years for Ethiopia, 3 years for Russia, and 5 years for Nigeria, to 10 years for China, India, Philippines, and most countries in the Americas and Europe. For some countries, longer validity periods are available for higher issuance fees or for B-1 or B-2 only.
Periods of stay for B-1 visas may be granted initially for a duration long enough to allow the visitor to conduct their business, up to a maximum of 6 months, and can be extended for another 6 months;[28] stays with B-1 visas are usually granted for three months or less, while stays with B-2 visas are generally granted for six months.[29] Extensions are possible, provided the individual has not violated the conditions of admission.[30]
A Border Crossing Card (BCC), also called a laser visa, has a 10-year validity and functions as both a BCC and a B-1/B-2 visitor's visa. The BCC is only issued to nationals of Mexico who apply for a visa inside Mexico.[31]
Validity of B visas by nationality, as of 2024[update]:[15][32]
Electronic Visa Update System (EVUS)
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On March 15, 2016, U.S. Customs and Border Protection (CBP) announced that starting from 29 November 2016, all holders of Chinese passports who also hold 10-year B visas are required to enroll in the Electronic Visa Update System (EVUS, Chinese: 签证更新电子系统) before travelling to the United States via air, land or sea.[33] The EVUS is designed for visa holders to update any changes to their basic biographic and employment information at the time of their visa applications. Similar to the ESTA, each EVUS registration is valid for a period of 2 years or until the holder's passport expiration date, whichever comes first. As of 2023, this system can be used free of charge and no time frame exists for when the US$8 cost recovery fee will be imposed by the Department of Homeland Security (DHS). Holders of EVUS can travel to the United States for unlimited times providing that their EVUS registration and visa remain valid.[34]
The requirement applies to any holder of a Chinese passport and B visa with a 10-year validity. It also applies to holders of non-citizen travel documents issued by other countries, such as a refugee travel document and certificate of identity, whose nationality is Chinese. It does not apply, however, to holders of Hong Kong SAR passports,[a] Macau SAR passports, B visas with a validity shorter than 10 years, or of other types of visas. The CBP and DHS are seeking to expand the EVUS to other nationalities in the future.[38]
EVUS was officially launched on October 31, 2016, for early enrollments. Upon launch, CBP announced that the enrollment fee will be suspended until further notice.[39]
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Use for other countries
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Certain countries generally accept a U.S. tourist visa that is valid for further travel as a substitute visa for national visas.
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Statistics
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Visitor visas issued
United States
Visa-exempt nationalities
>400,000 visas |
100,000–400,000 visas
50,000–100,000 visas
25,000–50,000 visas |
10,000–25,000 visas
5,000–10,000 visas
<5,000 visas |
The highest number of B-1/B-2 visas were issued to nationals of the following countries in fiscal years 2015, 2016, 2017 and 2023.
In fiscal year 2014, most reasons to refuse a visa were cited as "failure to establish entitlement to nonimmigrant status", "incompatible application" (most overcome), "unlawful presence", "misrepresentation", "criminal convictions", "smugglers" and "controlled substance violators". Smaller number of applications were rejected for "physical or mental disorder", "prostitution", "espionage", "terrorist activities", "falsely claiming citizenship" and other grounds for refusal including "presidential proclamation", "money laundering", "communicable disease" and "commission of acts of torture or extrajudicial killings".[57]
Adjusted visa refusal rate
<3% 3–5% 5–10% 10–20% |
20–30% 30–40% 40–50% >50% |
United States Visa-exempt countries |
The adjusted visa refusal rates for B visas, by fiscal year, were as follows.
Visitor admissions
United States
>2 million
1–2 million
500,000–1 million |
250,000–500,000
100,000–250,000
15,000–100,000
<15,000 |
The individuals admitted for tourism and/or business purposes during fiscal year 2017 were nationals from the following countries.[65][66][67][68]
Overstays
A number of visitors overstay the maximum period of allowed stay on their B-1/B-2 status after entering the U.S. The Department of Homeland Security publishes annual reports that list the number of violations by passengers who arrive by air and sea. The table below excludes statistics on persons who left the United States later than their allowed stay or legalized their status and shows only suspected overstays who remained in the country. More than 95% of visitors from Mexico arrive in the U.S. by land rather than by air and sea. Statistics for suspected overstays of the land visitors are yet to be released.[69]
The number of suspected in-country B-1/B-2 overstays in fiscal year 2018 by nationality were the following.[70][71][72]
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See also
Notes
- According to some international consultants, holders of Hong Kong SAR passports are required to register in EVUS due to Executive Order 13936 from July 2020,[35][36][37] but this requirement has not been confirmed by CBP.[38]
- Including Border Crossing Cards
- "Non-nationality based issuances" includes individuals presenting travel documents issued by a competent authority other than their country of nationality, including, for example, aliens traveling on a Laissez-Passer issued by the United Nations and refugees residing in another country.
- Includes admissions under the Visa Waiver Program.
- Includes Australia, Norfolk Island, Christmas Island, and Cocos Islands.
- Includes mainland China, Hong Kong, and Macau.
- Includes Denmark, Faroe Islands, and Greenland.
- Includes a limited number of Border Crossing Card admissions.
- Includes Morocco and Western Sahara.
- Includes the Netherlands, Aruba, Bonaire, Curaçao, Saba, Sint Eustatius, and Sint Maarten.
- Includes New Zealand, Cook Islands, Tokelau, and Niue.
- Includes the United Kingdom, Anguilla, Bermuda, British Virgin Islands, Cayman Islands, Falkland Islands, Gibraltar, Guernsey, Isle of Man, Jersey, Montserrat, Pitcairn Islands, Saint Helena, and Turks and Caicos Islands.
- Data withheld by the U.S. Department of Homeland Security to limit disclosure.
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References
External links
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