NRILinks Immigration
B-1 / B-2 - Bussiness Visitor Visa
 
 
 

What is B-1 / B-2 Visa?

B-1 - The "Business Visitor" visa is the most commonly utilized category for persons initiating business activity in the United States. (B-1 visa applications rarely require the assistance of an attorney.) The visa is issued upon the merits of the individual applying; ordinarily, it is not necessary to retain counsel in applying for a B-1 visa. The B-1 allows an individual to incorporate in the U.S., acquire property, sign contracts, etc.; it precludes the individual from directly managing any U.S. business or in any way receiving wages from a U.S. source, even if self-owned.

B-2 - The category can also be used for dependents of nonimmigrant in other categories who do not themselves qualify for derivative status in that category, e.g., the elderly parent of an H-1B nonimmigrant. Persons in this last group will normally be admitted for the maximum period permissible up to the limit of the principal nonimmigrant's period of stay. Therefore, if the principal is an H-1 nonimmigrant admitted for a three-year period, the elderly parent dependent will be admitted in the B-2 category for a one-year period that can be extended as long as the principal nonimmigrant remains legally in the United States

 
 

B-1 / B-2 Visa Requirements

Applicants must demonstrate that they have a residence in India which they do not intend to abandon, that they wish to enter the United States for a specifically limited period, and that the purpose of their trip is to engage in legitimate business or pleasure activities. Persons who want to remain in the United States indefinitely or plan to seek employment cannot be classified as visitors.

  • Completed Application Form OF-156
  • one colored photograph 1-1/2 inches square (37 x 37 mm) showing full face, without head covering, against a light background. The applicant's signature must appear on the reverse side of the photograph. Photographs are required for all applicants, including children.
  • Evidence substantiating the purpose of the trip, intent to depart the U.S. after a temporary visit, and arrangements made to cover the costs of stay in the United States and return to India.
  • For business travelers (B-1 Visa), such evidence may consist of a letter from their employer indicating the purpose and length of the trip as well as the firm's intent to defray the costs of the trip, or an explanation of other sources of funds.
  • For tourists and others traveling to the United States for pleasure(B-2 Visa), such evidence may consist of a statement by the applicants outlining their plans in the United States and explaining the reasons they will return to India (family ties, employment, or similar binding obligations). Other evidence may include letters of invitation from relatives or friends in the United States whom the applicant plans to visit, confirmation of participation in group tours, etc.
  • For persons traveling to the U.S. for medical treatment, evidence should include a statement from a doctor or institution accepting the patient for the proposed medical treatment, an estimate of the cost of the treatment, and documentation of how these costs will be met. Applicants going to the U.S. for medical treatment must also go to a U.S. Embassy Panel Physician to determine whether the treatment is available in India or necessary to be done in the United States.
  • Applicants who do not have sufficient funds of their own to support themselves during their proposed stay in the United States must present credible evidence to show that they will be supported there by some interested person; such evidence should reflect the ties between applicant and sponsor which form the basis for the latter's assurances of extending support. Form I-34, Affidavit of support may be used for this purpose
  • A person whose passport contains a previously issued visitor visa may be able to use special expedited procedures, including the "Drop Box", in obtaining a new visitor visa.
 
 

Duration of Stay in the U.S.

Duration of B1 / B2 visas vary from one entry and one month to multiple entries and five years.

Your actual duration of stay for that trip is determined by the immigration officer who interviews you at the U.S. port of entry (where you arrive in the U.S.). It is generally less that six months). The immigration officer will usually note the period of time you are allowed to remain in the U.S. on your I-94 card.

Note: Your visa does not allow you to remain in the U.S. for a period of five years. You are expected to leave before the period stamped at entry expires unless you request an extension of stay from the nearest Immigration and Naturalization Service (INS) office.

Tip: If you visiting U.S. for the first time and intend to come back again, it is not advisable to stay not more the initial allotted time. In more than one case, visitor who stayed more than the initial granted period (though you received an extension from INS for the overstay), was denied for the visa when they appear at consulate for the second visit.

 
 

DOs & DON'Ts

You may use your B1-B2 visa for business (attending meetings, conventions, and business negotiations), and tourism purposes. You may also use the visa for short-term training or a company course if your company in your home country is covering your salary.

You may be eligilbe to apply for ITIN (Individual Taxpayer Identification Number).

U.S. immigration law does not permit you to use this visa to seek employment or to work in the U.S.

Moreover, you are not allowed to start a program of study on the visa.

 
 

B-1 / B-2 Visa extension

To apply for an extension of either B-1 or B-2 status, the application to the Immigration and Naturalization Service (INS) must include the following:

  1. Completed Form I-539 (Application to Extend/Change Nonimmigrant Status). Spouses and unmarried children under 21 who are in the same status may be included in the extension application
  2. $120.00 check or money order payable to "Immigration and Naturalization Service"
  3. Copy of both sides of Form I-94 (white card usually stapled in passport)
  4. Letter addressed "To Whom It May Concern" which explains in detail the reasons for the extension; why the extended stay would be temporary; arrangements made to depart; and the effect the extended stay would have on the non-immigrant's foreign employment and residency
  5. Photocopy of the data pages in your passport

It is always good to send your completed application by certified mail with return receipt to:

U.S. Department of Justice
Immigration and Naturalization Service
Northern Service Center
P.O. Box 87539
Lincoln, Nebraska 68501-7539

NOTE: The extension application should be filed before the authorized stay expires. INS suggests filing at least 45 days prior to the expiration. Late filing may be excused if due to extraordinary circumstances. If the application is late, address the reason(s) for delay in the letter you writing to INS(discussed above in item#4).

An applicant for extension of stay may have to wait 3-6 months to learn the outcome of the application. Under these circumstances the individual may remain in the United States until the application is adjudicated. It is suggested that an individual not to contact INS regarding the status of such an application until a 90 day period has elapsed from the date the application was mailed to INS. All inquiries should be made in writing.

 

VISA WAIVER PILOT PROGRAM

An individual admitted under the Visa Waiver Pilot Program is not eligible for extension of stay, change to another nonimmigrant status, or adjustment of status to that of a permanent resident (except as an immediate relative).