The B-1/B-2 visa is one of the most common visas issued in the United States. However, the B-1/B-2 visa is also one of the most denied visas. As such, if you are seeking to obtain a B-1/B-2 visa for business or travel to the United States, it is important to understand the processes for obtaining such visas.
The following article explores what B-1/B-2 visas are, as well as how you can apply for and qualify for such visas.
B-1/B-2 visas are commonly referred to as visitor visas. Both visas are nonimmigrant visas, or temporary visas, which are a specific type of visa that are issued to a foreign-born nationals who intend to stay in the United States for a limited period of time.
In order to obtain such visas, the foreigners must be able to provide a valid reason as to why they require a nonimmigrant visa. Additionally, they must show that they have no intention of permanently staying, working, and/or living in the United States.
The B-1 visitor is also known as a business visa, while the B-2 visa is known as a tourist visa. In short, a B-1 visa allows an individual to travel to the United States for business purposes, while the B-2 visa allows an individual to travel to the United States for tourism purposes.
Specifically, a B-1 visa, is a type of temporary visa that allows people or entities who intend to engage in commercial and/or professional business activities to enter into the United States on a temporary basis. B-1 visas do not expire for up to 10 years, but B-1 visa holders can remain in the United States for that length of time.
Instead, a B-1 visa holder will be allowed entry into the United States for six months. B-1 visa holders who wish to extend their stay must apply for a visa extension before their six-month period has lapsed.
Then, if they are able to get their visa extended, their stay will generally last for another six months. This means that a B-1 visa can last for a maximum of one full year, contingent on whether or not the visa extension was approved.
It is important to note that B-1 visas cannot later be used to obtain lawful permanent residency status or a green card. This is because business visas are specifically for conducting commercial or professional activities with companies or people who are based in the United States.
This also means that people who are in the United States on the basis of a B-1 visa may not accept a permanent position at any United States company by using this type of visa. Other activities that a B-1 visa holder will be prohibited from doing include:
A B-2 visa is similar to a B-1 visa, but instead allows a foreigner to travel to the United States for tourism purposes. Examples of what a B-2 visa allows an individual to do include:
In order to apply for a B-1 or B-2 visa, a nonimmigrant traveling to the United States must first complete the appropriate application. The applications and the accompanying instructions can be found on the website for the U.S. Embassy or Consulate that is located in the country where you are traveling from.
In order to initiate the application process, you should determine which visa category is appropriate for your situation. Additionally, you should ensure that you can prove that you are eligible to receive a B-1 or B-2 visa. Although the requirements will vary based on your country of origin, you will likely be eligible if you can prove that:
Depending on which visa category you choose, you may need to file additional forms and other supporting documents with your application. Additionally, you must provide certain forms of evidence, such as:
Additionally, you must also pay a filing fee in order to submit all of these documents. An immigration officer may also request that you schedule and attend a biometrics appointment and/or an interview.
The entire process for obtaining a B-1 or B-2 visa can take up to one year from start to finish to complete. If you are denied a B-1 or B-2 visa, you may file an appeal against the decision within 30 days from the date that they received the denial.
The general process for applying for a B-1 or B-2 visa is outlined above. Once again, instead of United States Citizenship and Immigration Services (“USCIS”) playing a significant role in the B-1/B-2 application process, your local United States Consulate will handle B-1/B-2 visas.
You can start the process by visiting that office and submitting a Form DS-160 and the appropriate B-visa application fee. These forms may also be found online. Additionally, you must possess a valid passport in order to begin the process.
After filing your Form DS-160, there may be an interview scheduled by the consulate office or United States embassy where you filed the form. If you are simply renewing a previously issued visa or are younger than 13 or older than 80, you may be exempt from the interview process.
During the interview, the officer conducting the interview may ask you questions regarding the purpose of your travel to the United States. After the interview, then you will likely be informed of whether or not you are approved, and when you will obtain your visa. If approved, your visa will be issued within your passport.
Although it may seem obvious, after obtaining your B-1 or B-2 Visa, you may freely travel to the United States in accordance with your visa. It is important to follow the period of time outlined in your visa with regards to your travel plans. Overstaying your visa may result in criminal penalties.
This means that unless you’re granted an extension, you must generally depart the United States after six months. Applications for extensions can be done by using Form I-539, Application to Extend/Change Nonimmigrant Status.
A nonimmigrant who intends to stay in the United States for longer than six months in order to work for an employer should consider applying for an H-1B visa instead of a B-1 or B-2 visa.
Alternatively, a nonimmigrant who is employed by a company that has a subsidiary, branch, satellite office, affiliate, or headquarters in the United States and wants to transfer to that location, should instead file a petition for an L-1 visa.
It is important to note that it is much more difficult to obtain an L-1 visa than it is to receive a B-1 visa. This is because an application for an L-1 visa requires more evidence and support from an employer.
As can be seen, the process for applying for and obtaining a B-1 or B-2 visa is not always a straightforward process. As such, if you have any questions regarding the B-1 or B-2 visa application process, it is in your best interest to consult with a local work visa lawyer.
LegalMatch can assist you in setting up an initial consultation with an experienced attorney in your area. Your attorney can help inform you of the process of obtaining the visa you are seeking. Additionally, they can help guide you through the application process. Finally, an attorney will also be able to represent you in court, as needed, should any other legal issues arise or your application be denied.
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