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Pleasure/Business
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B-1 / B-2 Pleasure and Business Visas Requirements:

  1. You must have a residence in a foreign country (need not be your own home).
  2. You must have no intention of abandoning residence in foreign country.
  3. Visiting temporarily for business or pleasure.
  4. Initial Admission - 1 year maximum with 6 month extensions.

Must prove an intent to:

  1. Depart at expiration of requested stay.
  2. Must show employment, family, social ties to residence abroad.
  3. May require posting of bond.
  4. Permission to enter another foreign country at end of stay in U.S.
  5. You must prove financial arrangements to carry out purpose of visit.
  6. Documentation showing all the above.

Time Limitation. 

Admittance for up to 1 year with extension of 6 months. NOTE: Applicant for admission cannot use temporary visa as a means to create permanent residency by leaving and returning every six months. B-l Visitor For Business can enter U.S. if:

  1. Working in commercial transactions not involving gainful employment, e.g., negotiating contracts, litigation, consulting with clients or business associates. It is not gainful employment if business visitor is "making phone calls, giving employees instructions or taking clients to their cars." However, where the business activity almost exclusively involves full-time management of a U.S. enterprise, B-1 use not valid. May also study, if it is part of work or recreational activities.
  2. May participate in scientific, educational, professional, religious or business conventions.
  3. B-1 in lieu of H-1B. Traditionally, an alien who would otherwise be H-1B (other than entertainment professionals) and receives no salary or remuneration other than an expense allowance or other reimbursement incidental to temporary stay could enter as B-1. However, there has been recent opinions on this matter.
  4. (1) The USCIS and Dept. of State have determined that foreign workers hired under a contract labor arrangement between a foreign software company and a U.S. telecommunications company were not eligible for B-1 visitor visas.
  5. (2) An artist who wants to come to U.S. for less than six months a year and attend shows and receive commissions is not deemed a B-1 because he is simply extending his business to the U.S. with the U.S. becoming a money making center, without any international trade.
  6. Religious workers coming temporarily to do missionary work if such work does not involve the selling of articles or solicitation and acceptance of donations, and receives no salary/remuneration except expenses, can use B-1.
  7. Minister who will exchange pulpits but will be reimbursed by his own church abroad can use B-1.
  8. Minister on evangelical tour supported by contributions at evangelical meetings can use B-1.
  9. Personal/Domestic servants who accompany returning USCs.
  10. Professional athletes such as golfers and race car drivers who receive no salary, only tournament money.
  11. An airline employee who would otherwise be an E except no treaty between U.S. and airline's country or alien is not national of treaty country (e.g., German working for Brazilian airline).
  12. A foreign medical student seeking to take " elective clerkship" without remuneration.
  13. An alien who is the member of the Board of Directors of U.S. corporation.
  14. Foreign corporate personnel to set up U.S. subsidiary, as well as persons exploring E-2 investment.
  15. Alien installing equipment pursuant to contract of sale. (No construction work).
  16. Participating in voluntary service program if religious only.
  17. Attending an executive seminar.

B-2 Visitors for Pleasure can enter the U.S. if:

  1. Tourist.
  2. Social visits to friends/relatives.
  3. Health purposes.
  4. Participants in conventions of social organizations.
  5. Participants in amateur musical, sports or similar events with no remuneration.
  6. Dependents of U.S. Armed Forces.
  7. Accompanying D or B-1 aliens.
  8. If coming to U.S. to marry, a USC but will depart thereafter.
  9. If coming to U.S. to marry nonimmigrant. Must thereafter get spouse's sls U.S. consulate status.
  10. If eligible for H-4 but inconvenient or impossible to obtain it, the spouse or child can enter on B-2.
  11. Non-spouse partner (regardless of gender) that accompanies a principal E, H or L for duration of stay. However, the B- 2 must show entitlement to B-2 status in his/her own right.
  12. Language students in course of short duration when the course of study is under 18 hours per week.

 

 
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