The B visitor nonimmigrant category splits into two branches: A B-1 for temporary business visitors, and a B-2 for temporary visitors for tourism. A B-1/B-2 may be obtained through a change of status while present in the United States, or by applying at a U.S. consulate abroad.
B-1 Appropriate Activities
A B-1 is appropriate in a number of situations. Although frequently used when a foreign national wants to enter the United States temporarily to undertake certain activities for business, it can also be issued in some cases for ministers and members of religious denominations, volunteers, athletes and others. However, a B-1 must not perform activities that result in being paid in the United States. Gainful employment is not permitted under B-1. Activities permitted under the B-1 category may include, but are not limited to, attending a business conference, consulting with associates, closing a deal, negotiating a contract and litigating a case. However, there is a fine line between activities that are permissible in B-1 status and activities that are not permitted. Furthermore, the foreign affairs manual (FAM) is clear that a B-1 cannot be used to perform skilled or unskilled labor.
Nonimmigrant Intent
It is noteworthy to mention here, that B visitor applicants frequently receive denials at U.S. consulates under the catch-all §214(b) of the Immigration and Nationality Act. Although U.S. consular officers have wide latitude when approving or denying a B visa, when a case is well thought out and presented to an officer in a coherent manner, it can make a world of difference. Too often, we encounter visa applicants who have decided to just “wing it” and try their luck without adequate thought and preparation. There is no limit on how many times a visa applicant can apply for a visitor visa, however, subsequent applications after receiving a denial can be that much harder. The best time to seek help from an experienced immigration attorney is before your first visa application.
Read Attorney Sunil C. Patel's article "5 Most Common Reasons a Consular Officer Denied Your Visitor Visa Application."
Speak with an Immigration Attorney
Sunil C. Patel Immigration Law is experienced with helping clients obtain B-1/B-2 nonimmigrant status. We are committed to honest, cost-effective immigration advice and services in every case. Schedule a consultation with attorney Sunil.
