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What Are B1 and B2 Visas?
B-1/B-2 visitor visas (also called B-visas) are nonimmigrant visas that temporarily allow foreign nationals to enter the United States for business or tourism. They do not grant permanent resident status like immigrant visas. However, individuals with B visas can still apply for a green card with the United States citizenship and immigration services (USCIS).
When Can You Apply for B Visas?
You can apply for a B-1 visa if you are coming to the US to participate in business activities such as:
- Attending business meetings and conventions
- Consulting with business associates
- Engaging in an estate settlement
- Negotiating business contracts
- Testifying in US Courts
You can apply for a B-2 visa if you are coming to the US to:
- Attend musical concerts
- Engage in recreational studies
- Participate in tourist activities
- Participate in social events
- Receive medical treatment
- Take a vacation
- Visit family
If you are on a B-1 or B-2 nonimmigrant visa, you cannot do the following:
- Study an academic course in the US
- Engage in long-term paid employment
- Operate as a representative of a foreign press or in other information media
- Permanent residence in the US
- Perform professionally before a paying audience
A B visa can be used multiple times to enter the US during its validity period.
To learn more about B1/B2 visas, you can speak to a seasoned J1 visa lawyer at Andrew T. Thomas, Attorneys at Law.
B1/B2 Visa Eligibility
To qualify for a B-visa, you must prove that:
- You are coming to the US for a temporary stay
- You can afford the entire cost of the trip
- You have no intent to remain in the US beyond your stay
- You are admissible to the US
You cannot bring your spouse, children, or family members as dependents under your B-visa. Therefore, you must submit separate B-2 visa applications for them if you intend to bring them along.
B-1/B-2 Visa Requirements
To apply for a B-1/B-2 visa, you will need the following documents:
- A valid passport with an expiry date of at least six months after the return date.
- A recent photograph (must meet government requirements)
- Documentation showing your five previous trips to the U.S (if applicable)
- Documentation showing that you can afford the costs of the trip, including travel, accommodation, and living expenses
- Evidence of strong ties to your home country, such as property, employment, or family ties.
B1/B2 Visa Application Process
To begin the application process, you need to complete Form DS-160 (nonimmigrant application) online, upload a digital photograph, pay the visa application fee, schedule an interview, and print the confirmation page.
Your biometrics will be recorded at the interview. Before making a final decision, the consular officer may also request additional documents.
Your visa interview should be scheduled at the US Embassy or Consulate in your country of residence. The US Embassy or Consulate in another country may accept your application for a visa, but it may be more challenging to qualify for a visa outside your country of residence.
Generally, the average wait time for a B-visa appointment is two months, but interview appointments may vary based on the country of application and the applicant’s circumstances.
Required Documents for B1/B2 Visa Interview
- A valid passport
- A letter describing the trip and its purpose
- Criminal records (if any)
- Documents confirming prior visits
- Form DS-160 confirmation page (in writing)
- Proof of funds
- Identification photo meeting embassy photo guidelines
- Interview confirmation number in writing
- Letter from your employer
- Medical records
- Receipt of the paid visa fees
Visiting the US Without the B1/B2 Visa
Foreign nationals from specified countries can travel to the US for a maximum of ninety (90) days without obtaining a visa for business and tourism purposes under the visa waiver program. Canadian tourists will also be automatically admitted into the US on a B-1 or B-2 visa.
However, they will need an appropriate visa to work or study and a passport valid for travel to the United States. They must also complete the Electric System for Travel Authorization Application (ESTA) to obtain authorization before their departure.
How Long Do B-1/B-2 Visas Last?
Although B visas may be valid for up to 10 years, U.S. Customs and Border Protection (CBP) officials at the port of entry generally authorize permissions to stay during each trip for a maximum of six months. However, you can extend your visa up to a maximum period of one year.
To extend your visa, you must file Form I-539, Application to Extend/Change Nonimmigrant Status, at least forty-five (45) days before your authorized stay expires.
Remaining in the US Beyond the Duration of Your B1/B2 Visa
Individuals are given an admission stamp or paper Form I-94 (Arrival/Departure Record) that governs their stay in the U.S. after admission.
If you fail to depart the United States on time, you will be out of status, and you may be ineligible for future visas. US immigration law automatically voids the visas of individuals out of status (Section 222(g) of the Immigration and Nationality Act).
Additionally, your multiple-entry visa will be revoked if you’re out of status and you cannot apply for one again.
Changing Your Immigration Status
Changing your nonimmigrant status may be possible if your plans change while in the United States (for example, marrying a US citizen or receiving an offer of employment) through Citizenship and Immigration Services (USCIS).
You can apply for adjustment of status with the USCIS while you are in the country, and you do not have to apply for a new visa for this process. Once you depart the United States, you must apply for a new visa at a US embassy or consulate in the appropriate category.
Contact Andrew T. Thomas, Attorneys at Law Today!
Visa applications are subject to a greater degree of scrutiny. Therefore, it is important to take the necessary steps to apply for your visa well in advance of your travel departure date. B-visas are highly discretionary and will result in a denial when sufficient evidence is not provided.
Whether you need consular assistance with the Mexican Consulate in Dallas or assistance getting your B-visa approved, our immigration lawyer in Fort Worth will guide you through the visa process and prepare you for your interview.
