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What is the B-1/B-2 Visa Classification?
Definition
How does one qualify for B-1/B-2 visa classification?
What is a Visa Waiver and how long is it good for?
What countries are included in the Visa Waiver Pilot Program?
What do dependents of B-1/B-2 qualify for
Can dependents work in the United States in B-1/B-2 visa classification?
How long can one stay in the United States in B-1 visa classification?
How does one extend his B-1/B-2 visa classification?
What is the B-1/B-2 Visa Classification?
Definition
The B-1 visa category allows foreign business persons to enter the U.S. for temporary periods of time to conduct business or receive training. B-1 visa waivers are available to citizens of many western European countries as well as principal trading country partners.
B-2 visa classification is generally reserved for foreign nationals who wish to enter the U.S. temporarily for purposes of tourism.
How does one qualify for B-1/B-2 visa classification?
Each individual must comply with all of the following B-1/B-2 visa requirements:
- Enter the U.S. for a limited period of time
- Intend to depart at the end of the stay
- Maintain a foreign residence with no intent to abandon the same
- Possess financial means adequate to stay in the U.S. without working in the U.S.
- Engage solely in legitimate business or tourist activities.
- Possession of a round-trip airplane ticket if entering under the Visa Waiver program.
With respect to activities that can legitimately be conducted in B-1 status, three basic rules exist. First, the employee cannot engage in "productive employment," which is defined to include both salaried work and work on an independent contractor basis. Secondly, the business activity must be associated with international trade or commerce. Finally, the principal benefit of the activity should accrue to the applicant's employer abroad. Typical B-1 activities would include: engaging in commercial transactions which do not involve employment in the U.S. (e.g., a merchant who takes orders for goods manufactured abroad); negotiating contracts; holding meetings with business associates; and receiving training.
What is a Visa Waiver and how long is it good for?
Nationals of certain countries do not need to obtain B visas for business or tourist visits to the U.S. for 90 days or less for purposes acceptable in the B-1/B-2 visa categories. They may enter pursuant to the Visa Waiver Pilot Program. An individual who enters the U.S. through this program is not eligible for a change of status or extension of stay.
What countries are included in the Visa Waiver Pilot Program?
Andorra, Argentina, Australia, Austria, 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, United Kingdom and Uruguay.
What do dependents of B-1/B-2 qualify for?
The United States government may allow spouses and children under the age of 21 years to accompany the foreign national to the United States. Dependents of those with B-1/B-2 visa classification may receive B-1/B-2 visa classification.
Can dependents work in the United States in B-1/B-2 visa classification?
Foreign Nationals with B-1/B-2 visa classification may not be employed in the United States.
How long can one stay in the United States in B-1 visa classification?
The duration of a stay in the U.S. under a B-1 visa is generally short. In practice, a B-1/B-2 business visitor is usually granted for a period of entry which equals the duration of time necessary to conduct his or her business. Typically, visits of six months or less are approved when entering with a visa, and 90 days when entering pursuant to the Visa Waiver program.
How does one extend his B-1/B-2 visa classification?
An individual can file an application to extend his current B-1/B-2 status with the INS' Regional Service Center. This application must be submitted prior to the expiration of the individual's current status. Processing times on such extensions can be rather lengthy (9-12 months).
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