B-1/B-2 VISAS and Visa Waiver Program

The B visa category applies to individuals seeking to enter the US for short-term duration (generally less than 6 months) for business or pleasure. The B-1 visa generally allows an individual to attend business meetings, conferences, trade shows, lectures, etc., and related activities where the individual will not engage in productive employment in the United States. There are very limited situations, however, in which a B-1 may be employed in the U.S. The B-2 visa applies to all tourist-related travel to the U.S. not involving professional activities, including visiting friends and relatives, and medical treatment.

Please note that nationals of certain countries participating in the Visa Waiver Program (the VWP) do not need to obtain visas prior to entering the U.S. for temporary business or pleasure trips for up to 90 days. Individuals entering under VWP are not permitted to change or extend their status.

An individual may apply for a B-1 or B-2 visa at a U.S. Consulate or Embassy in his or her home country. An applicant must present evidence of the nature and purpose of the temporary visit to the U.S., and evidence that he or she fully intends to return to his or her home country at the conclusion of the visit. The duration of the visa and the number of entries permitted varies depending on the country of nationality. It is important that the initial application for a B1/B2 visa be carefully presented to prevent an application from being refused, since a refusal on an applicant's record could make it much more difficult to acquire a future B1/B2 visa.

The processing time for a B visa at a U.S. Embassy or Consulate abroad varies. Applicants should check with the appropriate Embassy/Consulate for the latest information. Upon entry, U.S. Immigration officials have discretion with respect to each individual's allowable period of stay. For all, the length of stay, as annotated on the individual's I-94, corresponds to the length of stay needed, as demonstrated by supporting documents and a planned date of departure reflected on return airline ticket, if applicable. B-2 tourists, on the other hand, are almost always granted a six month stay. Individuals in B-1 or B-2 status, except those under the VWP, may apply for extensions of stay in increments of up to six additional months. However, it is at the discretion of CIS to approve or deny such requests.

Those who enter the U.S. in B-1 or B-2 status are eligible to apply for a change of status to F, H, J or other visa status, without returning to the home country. CIS has discretion to approve or deny such requests and will do so based on various factors. A presumption of fraud in the visa application may arise if the B-1 or B-2 applies for a change of status soon after entering the U.S., so such situations must be handled very carefully.

Persons coming to the U.S. interested in potential study should have a "Prospective Student" endorsement on the B-1/B-2 visa. This may be requested at the consulate upon application for the visa.

Please note that persons with immigrant intent (for example, fiancees or spouses of U.S. citizens or permanent residents) should not attempt entry using a B-1/B-2 visa, as there may be allegations of visa fraud, and removal from the Port of Entry may result.