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THE
BUSINESS PURPOSE (B-1) VISA
AND
THE TOURIST AND MEDICAL VISA (B-2)
INTRODUCTION:
Unlike the permanent immigrant visas discussed in
other articles, the B-2 (Tourist) and B-1 (Business Purpose) visas are
issued to persons for temporary stay in the United
States for specified purposes. The B-2
allows visits for pleasure or medical treatment and no other, is normally
issued for up to six months, and normally takes a few days to receive in
most countries. One should contact the local consulate to obtain such a
Visa and in certain nations no such Visa is even required for entry into
the United States (Visa waiver countries discussed below). The B-1 allows
one to enter the United States to engage in business as described below
for a business not based in the United States.
While one can apply for a Green Card while having a
B-1 or B-2 visa, and obtain one if you are otherwise eligible for one,
there is no advantage in being in the United States on a B-1 or B-2 Visa
in such application. Indeed, since one must represent that one has
entered the United States
without intent to remain permanently to obtain a B-1 or B-2 Visa, it
could be argued that one misrepresented one’s intentions in
obtaining the earlier visas if one then seeks a Green Card.
As discussed below, in most countries it is easy to
obtain a B-1 or B-2, a one step process at your local United
States consulate. And the more one
demonstrates previous use of the B-1 and B-2 in which one returned home
within the time limits, the more likely it is that the local consulate
will easily issue another such visa.
THE RULES APPLICABLE FOR THE VISA
The B-1 Visa permits the holder to enter the United
States for business purposes only which are defined as making
investments, buying goods, attending business related seminars, or
performing other temporary work for an employer located outside of the
United States.
What it does not allow is for the holder to operate
its own company within the United
States, or be employed
within the United States by
a United States
company. (See the article on
Coming to the United States: the Immigrant and Non
immigrant Business Visas.) The penalties for
violating these restrictions can be severe and include deportation and
prevention from return to the United
States for five years.
The intention of the person entering the United
States under any type of B
visa must be to only be a temporary visitor. The maximum time of entry
for a B-1 visa is one year and six month limits are common.
Theoretically, one could remain for the six months, leave the United
States, and return the next day, but such flaunting of the rules is not
recommended. When an applicant’s travel history demonstrates that
they are spending most of their time in the United States, the INS may at
any time assume that the intention is no longer to be a temporary visitor
and may refuse additional entry. The “trick” of seeking to
live in the United States by leaving every six months for a week or two
is not likely to succeed either for a B-1 or B-2 visa for long. Note,
however, that if one has a vacation home in the United States and lives
there less than half time, one could expect to be able to do so legally.
It is vital to be able to demonstrate that one has a home abroad to
substantiate the intent to return home upon expiration of the visa.
VISA WAIVER NATIONS
Certain countries, who allegedly do not have a
history of illegal immigration to the United States, have been granted
“visa waivers” and may have their citizens enter the United
States for up to ninety days without a visa. (They may still apply for a
B-1 or B-2 if they wish a longer period.) Once in the United States under
the Visa Waiver Program, one cannot alter one’s status to another
non immigrant classification or apply for a green card without first
leaving the country unless you have married a United States citizen or
are unmarried children or parents of a United States citizen.)
Each visitor arriving must arrive with a
transportation ticket to leave the United States. Those entering from
Canada or Mexico need not have a visa but must show evidence at the
border of sufficient funds to live in the United States without working.
As of 2002, there were 29 Visa Waiver countries.
Before relying on this list, check the consulate for additions or
subtractions:
The nations are: Andorra,
Argentina, Austria, Australia, Belgium, Brunei, Denmark, Finland, France,
Germany, Iceland, Ireland, Italy, Japan, Liechtenstein, Luxembourg, Monaco, the Netherlands, New Zealand,
Norway, Portugal, San Marino, Singapore, Slovenia, Spain, Sweden,
Switzerland, the United Kingdom and Uruguay.
THE BASIC PROCEDURE
While one may technically apply at any consulate,
realistically it is always better to apply at a consulate in your home
country. Otherwise, the consulate may conclude you are “consulate
shopping,” that is, seeking a consulate that easily grants visas
and that is disliked in the extreme. It is important to take the time to
prepare the paperwork carefully. One may resent the intrusion into
one’s personal affairs, but the right to enter the United States is
not freely given and the brutal truth is that the United States is not
particularly anxious to have visitors and the INS personnel are
overworked and understaffed. You are being “processed” with
thousands of others and the procedure is impersonal.
You will require two types of documents: first those
issued by the government which must be filled out completely and
correctly either in English or in the language of the country in which
the consulate is located; second is personal documents such as birth and
marriage certificates to substantiate what you filled in on the form.
Only photocopies with a governmental seal are allowed; otherwise, you
need originals. (In Japan, all documents must be translated to English.)
The application is a one step process. In many
consulates you can simply walk in with your passport and supporting
documents, fill out the application while you are there, and get your B
visa on the same day. Other consulates insist upon advance appointments.
For example, most consulates in Canada and Mexico require one to arrive
and make an appointment at least a week in advance. A few, such as
London, will allow applications by mail. ALWAYS TELEPHONE YOUR LOCAL
CONSULTATE OR CHECK THEIR WEBSITE TO DETERMINE LOCAL RULES.
“Consulate Shopping “ is frowned upon
and if you are using a consulate outside of your own country, be sure to
have a good explanation of why.
Often the B-1 and B-2 Visas are issued together even
though their use is significantly different. Upon entry into the United
States, you will fill in a I-94 card which will have stamped your
entry date and your authorized stay. Each time you leave and reenter the
United States you get a new authorized time to stay. The normal stay will
be three to six months for a B visa. If you are issued a combination B-1
and B-2 Visa, make it clear upon entry which visa you are planning to use
and it is likely they will cross out the other one.
Certain consulates request you to fill in
“optional forms” which, of course, are not optional since if
they wish the information you would be well advised to supply it.
For B-2 Tourist Visas, Form I-134 is the Affidavit
of Support which is used to convince the consulate that upon arrival in
the United States someone will provide sufficient support so that you
will not be tempted to violate the nonworking requirements of the B-2
Tourist Visa. (Do not use the stricter and more onerous I-864 Affidavit
of Support form which is used for immigrant visa applications.) The
person you are visiting in the United States, who must be a citizen or
green card holder, is the person who executes the I-134 Form and,
essentially, the form obligates that person to repay to the United States
government for the total of any welfare or support payments you might
receive should you go on welfare. The obligation is extinguished after
three years.
DOCUMENTS RECOMMMENDED
To apply for the B-2, you need a passport and one
passport type photograph and any documents you may have to show you
intend to leave the United States upon the expiration of your visa, such
as evidence of ties to your home country (deeds showing ownership of
property, written statements from you stating that close relatives remain
behind in your home country, a letter from your company in the home
country saying you still have a job and are expected to return after your
vacation, etc.)
You may also need to prove you will not need to work
while in the United States and should bring such evidence as personal
financial statements and bank statements and, if you can, the executed
Form I-134.
In applying for the B-1 Visa, bring a document from
your employer in your home country describing your job and what you will
be doing for them during the trip to the United States. The letter should
mention that you are to be paid only from sources outside the United
States and are expected to return to the home country when your tasks in
the United States are completed.
EXTENSIONS OF VISA
Once in the United States, the extension to stay
beyond the date of the visa must be filed before the expiration date
already granted. No extension is granted on a Visa Waiver. Further, you
total stay including any extension may not exceed one year.
Requests for extension may be mailed to the INS
Regional Center and, as of 2002, cost $120.00 plus $10.00 for each
accompanying spouse or child. It is best to send by certified mail,
return receipt requested and the request should be sent long before the
expiration date to assure it is received in a timely manner. Such
applications are normally approved within two months and such application
must be filed before the date of expiration on the I–194 but no
sooner than 60 days before the date of expiration. Assuming you file your
application on time, you will be allowed to remain in the United States
pending the decision on the extension. If the extension is granted, you
will receive a I-797 form with a new date and you! -194 card, which you
submitted with your extension application, will also be returned. If
denied, you will be given written reason for the denial and normally an
additional thirty days to leave the country. The most common reason for
denial is that you are merely trying to prolong your stay in the United
States indefinitely. There is no practical appeal from denial of
extension.
APPEAL FROM DENIAL OF B VISA
There is no formal appeal from a denial but you are
normally advised as to the reasons for the denial and may apply as many
times as you wish. Such reasons are seldom given in writing, but you will
be advised in most circumstances by the consular officer and if the
reason is lack of substantiation of some of the information in your
application you may resubmit with additional information. The usual
reason for denial is that the consular officer does not believe you
intend to return to your home country when the time of the visa is
expired or that you intend to work while in the United States.
Do not attempt to apply again at a different
counselor office since your passport will normally be marked to show that
an application was already received.
CONCLUSION
It is important to remember that the entire INS
system is now computerized and that even a simple procedure, such as
seeking a B visa, can result in long term damage to your odds of
returning if you fail to comply with the time expiration dates or are
found untruthful in your application thus are denied. Be sure to always
leave before the expiration date and if so, you can always apply later
and should be able to return without a problem. Tens of thousands of
people obtain these visas every month and so long as you follow the
guidelines above, you are likely to be able to obtain your own. There
are, however, no guaranties and in certain countries, such as China,
Haiti, Turkey, Pakistan, etc, they encounter consulates who are far more
vigorous in reviewing and confirming the likelihood of applicants
returning to their home country. If you are a young unmarried, childless
Chinese or Turkish applicant with no steady employment and little
property, you are likely to meet stringent review of your application and
may face denial at the discretion of the consular officer. If you are
seeking entry from a nation with little history of visa violations, such
as New Zealand or Japan, the scrutiny is normally much less strict. Keep
those facts in mind when crafting your application and understand that
their primary concern is that you prove you will return to your home
country once the visa period is over.
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