BOOKMARK PAGE SEND TO A FRIEND

B-1/B-2 Visitor Visas

Business travellers may enter the United States using a B1, or 'Visitor for Business' Visa. In practice these visas are invariably issued as jointly with B-2, or 'Visitor for Pleasure' (i.e. Tourist) visa. This practice means that, if a candidate has an old tourist visa, it may be valid for a planned business trip. For those who come under the visa-waiver scheme, details of which are provided below, there is usually no need to apply for a visit visa at all if the candidate wishes to visit the US for three months or less.

While in the US as a business visitor, an individual may:

The following activities require a working visa, and may not be carried out by business visitors:

Obviously there is a considerable ‘gray area’ in between what definitely is allowed and what definitely isn’t. It is advisable to err on the side of caution when bringing overseas persons into the USA on business visitor visas. However, in certain strictly limited cases, paid employment may be possible using a ‘B1 in lieu of H1B’.

Those entering on visitor visas will generally be granted 6 months leave to remain (the maximum allowable is one year) on entry. It may be possible to obtain a six-month extension to the visit visa as long as the candidate will be maintaining visitor status, and there are good reasons to do so. It is sometimes possible to change status to another longer-term visa whilst in the US as a visitor, as long as the candidate advised the relevant US Embassy or Consulate of this possibility beforehand, or there was no pre-conceived intent to do so.

N.B. Visit visas should generally be applied for in a country of which the candidate is a Citizen or permanent resident. Applications made in other countries often run a high risk of being turned down. The most common reason for refusal of B1/B2 visas is the applicant showing insufficient evidence of social, family or economic ties to his/her country of residence that would ensure that s/he would return there following the visit to the USA.

If the necessary conditions are satisfied then the applicant can apply for a visa.

The Visa Waiver Pilot Program

The Visa Waiver Pilot Program: As long as they are traveling on a participating airline (i.e. most scheduled airlines from participating countries), and hold a return or onward ticket to a country other than Canada, Citizens of the following countries do not need a visa for visits to the US of up to 90 days:

Andorra, Argentina, Australia, Austria, Belgium, Brunei, Denmark, Finland, France, Germany, Iceland, Ireland, Italy, Japan, Liechtenstein, Luxembourg, Monaco, Netherlands, New Zealand, Norway, San Marino, Slovenia, Spain, Sweden, and Switzerland, and the United Kingdom.

Those present in the US under the visa waiver scheme are subject to basically the same conditions as those on a B1/B2 visa, except that it is not usually possible to extend the visa while in the US or change to another visa.

NB: Visitors on private aircraft will generally require a B1/B2 visa.

The B1 in lieu of an H1B

In certain, limited circumstances the US Consulate may issue an employment - authorized B1 visa where the work to be undertaken would usually require an H1B visa. This provision is particularly applicable to situations where you may need to send a member of staff to the US for a limited period in order to undertake specific projects for you. The requirements for acquiring a B1 in lieu of H1B are:-

  1. The work to be undertaken in the US must be H1B level – i.e. the worker must be engaged in a ‘speciality occupation’;
  2. The worker must permanently employed (i.e. not a contractor) and paid by the employer outside the US;
  3. The worker may receive no compensation other than expenses from a US source;
  4. The worker must have a degree relevant to the services to be provided– there is no provision for work experience to be considered equivalent to a degree, as there is under the H1B.

The B1 in lieu of H-1 visa generally takes 1 to 2 weeks to obtain, and considerably more supporting documentation is required than for a normal B1 visa. Periods of admission and extension are the same as for the standard B1 visa (i.e. generally 6 months).

If the necessary conditions are satisfied then the applicant can apply for a visa.

Important notes

The information provided herein is for informational purposes only and should not relied upon without obtaining legal advice from an attorney. Information is provided as a public service. Any reliance on information contained herein is taken at your own risk.

Rapid USA Visas, Inc. do not function as attorneys or legal counsel and do not attempt to interpret immigration law and do not provide or offer legal advice or legal services.

See Disclaimers

investor immigration usa, retiring to usa, l1 visa renewal, usa visa business, e2 visa business, property investment, business immigration, businesses for sale, live in florida, florida gulf coast, E-2 Visa, L-1 Visa, EB-5 Visa, E2, L1, Investor Visa,Immigration, Visa, Immigration To USA, Immigration Consultant, visa qualifying businesses for sale in Florida, US Embassy, USCIS, US Visa, USA Visa, Treaty Investor, L-1 visa, Immigrant Investor, Non-Immigrant Investor,Immigrant Investor, Seattle EB-5 Investor, Foreign Investor, Retiring in the USA, Retire in the United States. L-1 Visa assistance, e-2 visa assistance, eb-5 visa assistance. www.freebie360.co.uk