You may not need to petition for a visa with the United States Citizenship and Immigration Services (USCIS) if you simply wish to visit the country for less than 90 days, and if you are also a citizen of a country that participates in the Visa Waiver Program (VWP). However, if you intend to stay for longer, or are otherwise ineligible for the VWP, you may have to pursue a B-1 or B-2 visa type. Without further ado, please read on to discover the things a B-1 or B-2 visa can and cannot be used for and how one of the seasoned family based immigration lawyers at Lupton Law LLC can help you understand everything you need to know before applying for one.
What is it that a B-1 or B-2 visa can and cannot be used for?
Simply put, the nonimmigrant visitor visa category offered by the USCIS may allow foreign nationals to travel to the United States for business (i.e., the B-1 visa), tourism (i.e., the B-2 visa), or a combination of both (i.e., B-1/B-2 visa). That said, when applying for one via Form DS-160, Online Nonimmigrant Application, you must be very clear on the exact purpose of your visit. This is because not all business or tourism plans can be conducted under this visa type.
For example, you may use a B-1 visa to attend a business meeting or negotiate a contract with your business associates in the U.S. You may even participate in professional conferences or seminars held in the country, or take professional licensing examinations available nowhere else. However, the line is drawn with working in the U.S. in the traditional sense; this may require a temporary nonimmigrant work visa or even a permanent employment-based visa application. But of note, as of March 2023, B-1 visa holders may be able to apply for U.S.-based jobs and attend interviews during their visit.
Then, one thing a B-2 visa can be used for is participating in amateur tournaments or contests in the U.S., whether in music, sports, or otherwise. However, it cannot be used if you are a professional participant receiving pay; this may fall under the employment visa category instead (i.e., a P visa or EB-1 visa). In addition, an acceptable reason might be if you wish to pursue a short course of study in the country, which is scheduled to take place for less than 18 hours per week. Any longer course may constitute a student visa (i.e., F-1 visa) instead.
What’s other important information for a visitor visa?
A B-1 or B-2 visa is unique in that it may allow you to enter the United States more than once within the span of its 10-year validity. But importantly, you must continually respect its purpose of offering temporary, occasional visits for business and tourism. In other words, you should not abuse your rights and use this visa to live a majority of the time in the U.S. rather than your home country.
With this, a U.S. Customs and Border Protection (CBP) officer may find that you fabricated your strong ties to your home country in your initial application or otherwise changed your intentions over time. If so, they may deny you any further entry into the country. Ultimately, you may have difficulty obtaining any other type of U.S. visa in the future.
If you need legal advice urgently, please do not miss another opportunity to schedule an initial consultation with one of the competent family-based immigration lawyers from Lupton Law LLC. Contact our firm today.
