Visitation (B1/B2)

This page provides you with information and directions necessary to enter the U.S. temporarily.

Generally, a citizen of a foreign country who wishes to enter the United States must first obtain a visa, either a nonimmigrant visa for temporary stay or an immigrant visa for permanent residence. The visitor visa is a nonimmigrant visa for persons desiring to enter the United States temporarily for business (B-1) or for pleasure or medical treatment (B-2). Persons planning to travel to the U.S. for a different purpose, such as students, temporary workers, crewmen, journalists, etc, must apply for a different visa in the appropriate category. Travelers from certain eligible countries may also be able to visit the U.S. without a visa, through the Visa Waiver Program.

Applicants for visitor visas must show that they qualify under provisions of the Immigration and Nationality Act. The presumption in the law is that every visitor visa applicant is an intending immigrant. Therefore, applicants for visitor visas must overcome this presumption by demonstrating that:

  • The purpose of their trip is to enter the U.S. for business, pleasure, or medical treatment;
  • They plan to remain for a specific, limited period; and
  • They have a residence outside the U.S. as well as other binding ties which will insure their return abroad at the end of the visit.

Passing through a U.S. Port of Entry

Applicants should be aware that a visa does not guarantee entry into the United States. Immigration authorities have the authority to deny admission, and determine the period for which the bearer of a visitor visa is authorized to remain in the United States.

At the port of entry, an Immigration official must authorize the traveler’s admission to the U.S. At that time the Form I-94, Record of Arrival-Departure, which notes the length of stay permitted, is stamped. Those visitors who wish to stay beyond the time indicated on their Form I-94 must contact the USCIS to request an application to Extend Status. The decision to grant or deny a request for extension of stay is made solely by the USCIS.

B visas are for those who wish to conduct business affairs on short notice or make a trip for “pleasure.” Although business visitor visas are for commercial or professional activities, the visa is not for employment. Suitable business activities include – but are not limited to – attending conventions, conferences, consultations, negotiations, and meetings.

Qualifying for a Visa

To determine whether you are eligible for a temporary visa, including a visitor visa, understanding the nature of your travel and all available options is required.

There are several types of temporary worker paths including:

  • Business or Pleasure Visitors
  • Temporary Workers
  • Students Attending U.S. Schools
  • Exchange Visitors
  • Foreign National Entering the U.S. as the Fiancé (e) of a U.S. Citizen
  • NAFTA Professionals
  • K Nonimmigrant visas (LIFE Act)
  • T Nonimmigrant visas (VTVPA)
  • V Nonimmigrant visas (LIFE ACT)

If you have any questions, you should contact Immigration Solutions Group by clicking here for an appointment.

General Requirements for Temporary Visitors

A nonimmigrant is a foreign national seeking to enter the United States (U.S.) temporarily for a specific purpose. Nonimmigrants enter the U.S. for a temporary period of time, and once in the U.S. are restricted to the activity or reason for which their visa was issued. They may have more than one type of nonimmigrant visa but are admitted in only one status.

General requirements for foreign nationals seeking temporary admission include, but are not limited to, the following:

  • The purpose of the visit must be temporary;
  • The foreign national must agree to depart at the end of his/her authorized stay or extension;
  • The foreign national must be in possession of a valid passport;
  • A foreign residence must be maintained by the foreign national, in most instances;
  • The foreign national may be required to show proof of financial support;
  • The foreign national must be admissible or have obtained a waiver for any ground of inadmissibility;
  • The foreign national must abide by the terms and conditions of admission.

Extension of Stay in U. S.

A foreign national may apply for an extension of a temporary stay if:

  • He/she is lawfully admitted into the United States as a nonimmigrant in a category that is not ineligible for an extension, and
  • He/she has not committed any act which would make him/her ineligible for an extension, and
  • He/she submits the application for an extension of stay before the current authorized stay expires.

Changes of Nonimmigrant Status

If you are a Nonimmigrant you may qualify for a change of nonimmigrant status if you are:

  • lawfully maintaining your present nonimmigrant status in a category that is not ineligible for a change in status;
  • eligible according to immigration regulations for the nonimmigrant status you are requesting; and
    have not violated any law which would keep you from being granted this benefit.

Employers who wish to hire foreign workers to temporarily perform services or labor or to receive training may file an I-129 petition. The I-129 is mainly used for nonimmigrant categories; thus, in most cases, workers who enter the United States under this petition must depart the U.S. when their maximum period of stay has been reached. Form I-129 may also be used to petition for an extension of stay or change of status for certain nonimmigrants.

There are many categories of workers who are temporary visitors and who may be petitioned for on the I-129. These nonimmigrant classifications are symbolized by letters which generally correspond to the visas issued by the State Department.

In order to petition for a temporary worker, a prospective employer or agent must file Form I-129, Petition for Nonimmigrant Worker, and the appropriate supplement with the U.S. Citizenship and Immigration Services (USCIS) accompanied by the required payment, and initial evidence or documentation.

In some cases, the employer must get a certificate from the Department of Labor prior to filing the I-129. This process is described below in the appropriate categories.

Once the petition is approved, the employer or agent is sent a Notice of Approval, Form I-797. Approval of a petition does not guarantee visa issuance to an applicant. Applicants must also establish that they are admissible to the U.S. under provisions of the Immigration and Nationality Act (INA).

Applying for the Visa

If the prospective worker (beneficiary) is outside of the country, he must apply for a visa. After the USCIS has approved the I-129 and sent notice to the consulate in the beneficiaryâ€TMs country, the beneficiary must file a visa application with the consulate. Some aliens may be visa exempt. In those cases, the I-129 approval notice is sent to the port of entry (POE) where the beneficiary intends to apply for admission.

If the beneficiary is already in the U.S. and is changing from one nonimmigrant status to another, a visa is not required. However, a visa may be required if the beneficiary subsequently leaves the U.S. and wishes to re-enter.

Entry into the U.S.

Applicants should be aware that a visa does not guarantee entry into the United States. The U.S. Customs and Border Protection (CBP) has authority to deny admission at the port of entry to any applicant who is inadmissible under INA, even if the applicant has a visa. Also, the CBP, not the consular officer, determines the period for which the bearer of a temporary work visa is authorized to remain in the United States. At the port of entry, CBP officials issue Form I-94, Record of Arrival-Departure, which notes the length of stay permitted. The decision to grant or deny a request for extension of stay, however, is made solely by the USCIS.

When to file

Petitions should be filed as soon as possible, but no more than 6 months before the proposed employment will begin or the extension of stay is required. If the petition is not submitted at least 45 days before the employment will begin, petition processing and subsequent visa issuance may not be completed before the alien’s services are required or previous employment authorization ends.

Further Inquiries

If you have any questions, you should contact Immigration Solutions Group by clicking here for an appointment.