- The Annual Cap
- H-1B Cap Exemption
- H-1B Cap Timing Issues
- Find Legal Help From An Experienced H-1B Lawyer
- Tips for Collecting Evidence of Extraordinary Ability
- Building Your Case For Extraordinary Ability
- A - Diplomat Visas
- B - Visitor Visas
- C - Transit Visas
- D - Crewmen Visas
- E - Treaty Visas
- F - Student Visas
- G - Visas for International Organizations
- H - Temporary Professional Workers
- I - Visas for Foreign Media
- J - Visas for Exchange Visitors
- K - Fiancée Visas
- L - Intracompany Transfer Visas
- M - Vocational Student Visas
- N - Dependents of Special Immigrants
- NATO Visas
- O - Extraordinary Ability Visas
- P - Athletes & Entertainers
- Q - Reciprocal Cultural Exchange Visitors
- R - Religious Worker Visas
- S - "Snitch" Visas
- TN - Treaty National Visas
- T - Trafficking Victims
- U - Victims of Certain Crimes
B Visitor Visas
B-1 Visa And B-2 Visa
B visas are for visitors. Although many visitors do not need a visa stamp, the B visa is required for all citizens of 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 who are ineligible to participate in the Visa Waiver Program due to a past overstay, other immigration violation, or a criminal record 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 entering on B visas or without a visa under the Visa Waiver Program, are presumed to have immigrant intent. This means Consular officers who conduct visa interviews at a US Embassy, and 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, upon each trip, when seeking admission.
All visitors must prove to U.S. authorities at the U.S. Embassy or Consulate when applying for a B visa, and prove again to 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 a permanent home abroad to which they intend to return. Visitors may be asked to show proof that they have sufficiently strong family ties, property, work and financial ties to their home country to show a strong likelihood that they will indeed return to their home country after a short visit.
Visitors without a visa, traveling with a valid ESTA registration under the Visa Waiver Program, explicitly waive the right to extend their stay, to change status in the U.S., or to appear before an immigration judge: any formal denial of benefits to a visitor without a visa may result in expedited removal.
Visitors who have 5-year or 10-year B visas may be admitted for a stay of up to 6 months, but visitors entering under the VWP without a visa may be admitted for a maximum of 90 days. This makes any change of plans or unanticipated emergency quite challenging for VWP visitors, as all visitors are 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 or visiting under the Visa Waiver Program? Contact Karin Wolman for a consultation today!