B-1/B-2 Visas and Visa Waivers – Temporary Visitors for Business or Pleasure

These are the most common visas. Most nonimmigrants entering the U.S. each year are considered visitors for pleasure, who are given B-2 status. The next-largest group is business travelers who are granted B-1 status. The B-1 and B-2 visas are generally known as “visa for temporary visitors for business or pleasure.” Both B-1 and B-2 visitors are admitted for periods not to exceed six months and in some circumstances may extend their stay for up to one year.

The B-1 and B-2 categories are typically used for visitors who do not clearly qualify for or desire another nonimmigrant status. B-1 status may also be given to people other than spouses (such as cohabitating partners or elderly parents) who come to the U.S. to live with a nonimmigrant admitted under another category.

Conducting business or engaging in employment? It can be difficult to distinguish between conducting business, which is permitted under the B-1 category, and engaging in employment which is not. Regulations for B-1 visas state that “business” includes attending conventions, engaging in consultations, and carrying out other commercial activities. But these regulations can be difficult to interpret. Contact us for a consultation if you are uncertain if your planned business activities are permissible under the regulations.

Some visitors are exempt from the visa requirement. The Visa Waiver Program allows citizens of qualifying countries to enter the U.S. for business or pleasure for up to 90 days without a visa. In 2009, the visa waiver program included 35 countries. In 2009, DHS implemented the Electronic System for Travel Authorization (ESTA), which mandates visitors from countries participating in the Visa Program to apply electronically for the necessary authorization before taking the trip to the US. It must be understood that while the Visa Waiver program can save a visitor from the hassle of applying for a visa at a U.S. consulate abroad, there are strict limitations on permissible activities while in the U.S. under the program and harsh consequences for even a minor violation of the terms of stay. Each year countless individuals find themselves barred from the United States for years due to comparatively minor violations of the Visa Waiver program.

Jones Fletcher is dedicated to resolving your immigration issues. At Jones Fletcher, P.A., our trained New York immigration lawyers and staff are devoted to guiding you through US immigration law so contact us today to schedule a consultation.

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B-1/B-2 Visas and Visa Waivers – Temporary Visitors for Business or Pleasure

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