- H-1B Cap Issues
- H-1B Cap Exemptions
- Timing Issues for Cap-Subject H-1B Visas
- Legal Help from an Experienced H-1B Lawyer
- Tips for Collecting Evidence of Extraordinary Ability
- Building Your Case For Extraordinary Ability
B Visitor Visas
B-1 & B-2 Visas
B visas are for visitors. Although many visitors do not need a visa stamp, the B visa is for all people from countries not included in the Visa Waiver Program, and for visitors from VWP countries who have a legitimate need to stay for longer than 90 days, and for visitors ineligible to participate in the Visa Waiver Program due to a past overstay, other immigration violation, or a criminal violation for which they have obtained a waiver.
There are two types of B visas: B-1 business visitors (not for employment in the U.S.), and B-2 visitors for pleasure. All visitors, whether on B visas or under the Visa Waiver Program, are presumed to have immigrant intent. This means Consular officers who conduct visa interviews at a US Embassy, and also Inspections officers of US Customs & Border Protection at US airports and border ports, start with a presumption that every traveler intends to remain in the United States indefinitely. It is the traveler’s responsibility to convince them otherwise.
Visitors must prove to U.S. authorities at the U.S. Embassy or Consulate when applying for a visa, and again to the U.S. Customs & Border Protection inspecting officer at a port of entry, on each and every trip to the United States, that they do not intend to remain in the U.S. indefinitely, that they do not plan to work or study here, that they have sufficient funds to cover the cost of their finite & temporary trip, and that they have an unabandoned home abroad to which they intend to return. Visitors may be asked to show proof that they have sufficiently strong family ties, property, job and financial ties to their home country to demonstrate a likelihood that they will indeed return to the home country. Visitors without a visa, traveling with only an ESTA document under the Visa Waiver Program explicitly waive the right to extend their stay or seek to change status in the U.S.
Visitors with B visas may be admitted for a maximum stay of up to 6 months, but visitors entering under the VWP without a visa may be admitted for a maximum of 90 days. Under recent changes to the Foreign Affairs Manual, this makes any change of plans challenging for VWP visitors, as all visitors are now presumed to have misrepresented their intentions at the time of admission if they take any action indicating a change of plans less than 90 days after entry.
Have more questions about B visitor visas? Contact Karin Wolman for a consultation today!