B-1 and B-2 Applications and Extensions

The B nonimmigrant visa category covers alien visitors for business (B-1) and pleasure (B-2). By far the vast majority of aliens who enter the United States each year do so as nonimmigrant visitors in the B visa category. Generally, stays in the United States in this category are brief, and involve such activities as touring, visiting family members, obtaining health care, or conducting business on behalf of an overseas employer. The trips are temporary and cannot involve employment in the United States or the undertaking of an academic study program (with a few limited exceptions).

Duration of Stay

While most stays in the U.S. in the B visa category are short, it is possible to obtain a period of admission of one year on initial entry to this country. In addition, extensions of stay can be granted for no more than six months at a time. An exception to the six-month extension rule is made for certain missionaries.

In practice, a business visitor (B-1) will be granted only a period of entry necessary to conduct his or her business. Most such visits are approved for less than three months, and only in unusual circumstances would a stay of more than six months be granted.

Tourist in the B-2 category are typically given a period of entry of six months, even if the visitor intends to remain only for a shorter period.

Note that aliens admitted to the United States as part of the Visa Waiver Program (VWP) or the Guam Visa Program have different rules applicable to them regarding duration of stay and extension of stay.

Application Process

Unlike many other nonimmigrant categories, the B visa category requires application only to the U.S. consulate; no special permission needs to be obtained from the Bureau of Citizenship and Immigration Services (BCIS) in the U.S before a visa is issued. The visa application process is straightforward, and for many foreign nationals, particularly from Europe, the visa can be issued for a period of validity up to ten years and for an unlimited number of entries. In addition, a visa waiver pilot program has been put into effect for visitor from twenty-nine countries (see below for a brief description of the visa waiver pilot program)

Special Conditions

The key condition of the B category is that the alien cannot engage in gainful employment (labor for hire) in the U.S.

Visa Waiver Program

Nationals or citizens of twenty-nine countries do not need to obtain B visas for business or tourist visits to the United States of ninety days or less, provided certain conditions are met. Below is a list of the twenty-nine countries:

Note that under a different rule, visas are not required for Canadian citizens.

Requirement for Classification in the B Category

1. The alien intends to depart the U.S. at the expiration of his or her stay.
2. While in the U.S., the alien maintains a foreign residence which he or she has no intention of abandoning.
3. The alien has adequate financial arrangements to travel to, sojourn in, and depart from the U.S.
4. The alien will engage solely in legitimate activities relating to business or pleasure.