B1/B2 Visa for Business or Pleasure

Table of Contents

• Overview
• Visa Waiver Program
• Qualifying for a Visa
• Where Do I Apply for a Visitor Visa?
• Required Documentation
• What are the Required Fees?
• Additional Documentation
• Misrepresentation of a Material Facts, or Fraud
• Visa Ineligibility/ Waiver
• Documentation Needed - When Seeking to Travel for Medical Treatment
• Visa Denials
• Entering the U.S. - Port of Entry
• Staying Beyond Your Authorized Stay in the U.S. and Being Out of Status
• How Do I Extend My Stay?
• Further Inquiries

Overview

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 visa allows a foreign citizen, to travel to the United States port-of entry and request permission of the U.S. immigration inspector to enter the U.S. The "visitor" visa is a nonimmigrant visa for persons desiring to enter the United States temporarily for business (B-1) and for pleasure or medical treatment (B-2).  As examples, if the purpose of your planned travel is recreational in nature, including tourism, amusement, visits with friends or relatives, rest, medical treatment, and activities of a fraternal, social, or service nature, then a visitor visa (B-2) would be the appropriate type of visa for your travel. As additional examples, if the purpose for your planned travel is to consult with business associates, travel for a scientific, educational, professional or business convention, or conference on specific dates, settle an estate, or negotiate a contract, then a business (B-1) visitor visa would be the appropriate type of visa for your travel. After reviewing this website information, should you need additional information about business related (B-1) visitor visas, select Business Visa Center .

• Changes introduced shortly after September 11, 2001 involve extensive and ongoing review of visa issuing practices as they relate to our national security. Visa applications are now subject to a greater degree of scrutiny than in the past. So it is important to apply for your visa well in advance of your travel departure date. Select Getting Your Visitors Visa – Information You Need to Know to learn more.
• Foreign travelers who are citizens from certain eligible countries, may also be able to visit the U.S. without a visa on the Visa Waiver Program. Review the information below about Visa Waiver.
• 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.

NOTE: Representatives of the foreign press, radio, film, journalists or other information media, engaging in that vocation while in the U.S., require a nonimmigrant Media (I) visa and cannot travel to the U.S. using a visitor visa and cannot travel on the visa waiver program, seeking admission by the DHS immigration inspector, at the U.S. at the port of entry.

The Department of State recommended first source of visa information is this Visa Services internet site. Please review this information carefully. For an additional visa overview, select the Department of State visa portal site, Destination USA . As explained below, it is also recommended that you review the Embassy Consular internet site, for the country where you will be applying for your visa.

Visa Waiver Program

Travelers coming to the U.S. for tourism or business for 90 days or less from qualified countries may be eligible to visit the U.S. without a visa if they meet the visa waiver program requirements. Select Visa Waiver Program to learn more, and find out if you meet the visa waiver requirements.

Currently, 27 countries participate in the Visa Waiver Program, as shown below:

Visa Waiver Program - Participating Countries 

Qualifying for a Visa

Applicants for visitor visas must show that they qualify under provisions of the Immigration and Nationality Act. Applicants must demonstrate that they are properly classifiable as visitors under U.S. law.

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;
• That they plan to remain for a specific, limited period;
• Evidence of funds to cover expenses in the United States;
• Evidence of compelling social and economic ties abroad; and
• That 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.

Where Do I Apply for a Visitor Visa?

Applicants for visitor visas should generally apply at the American Embassy or Consulate with jurisdiction over their place of permanent residence. Although visa applicants may apply at any U.S. consular office abroad, it may be more difficult to qualify for the visa outside the country of permanent residence.

Required Documentation

As part of the visa application process, an interview at the embassy consular section is required for visa applicants from age 14 through 79.  Persons age 13 and younger, and age 80 and older, generally do not require an interview, unless requested by embassy or consulate. Making your appointment for an interview is the first step in the visa application process.  The waiting time for an interview appointment for applicants can vary, so early visa application is strongly encouraged.  Visa wait times for interview appointments and visa processing time information for each U.S. Embassy or Consulate worldwide is available on our website at Visa Wait Times , and on most embassy websites.  During the visa application process, usually at the interview, an ink-free, digital fingerprint scan will be quickly taken.  Some applicants will need additional screening, and will be notified when they apply.  Each applicant for a visitor visa must submit these forms and documentation, and submit fees as explained below:

• An application, Nonimmigrant Visa Application, Form DS-156, completed and signed. The DS-156 must be the March 2006 date, electronic "e-form application." Select Nonimmigrant Visa Application Form DS-156 to access the electronic version of the DS-156.
• A Supplemental Nonimmigrant Visa Application, Form DS-157 provides additional information about your travel plans. Submission of this completed form is required for all male applicants between 16-45 years of age. It is also required for all applicants from state sponsors of terrorism age 16 and over, irrespective of gender, without exception. Five countries are now designated as state sponsors of terrorism, including North Korea, Cuba, Syria, Sudan, and Iran. Select Special Processing Procedures to learn more. You should know that a consular officer may require any nonimmigrant visa applicant to complete this form. Here is Form, DS-157 .
• A passport valid for travel to the United States and with a validity date at least six months beyond the applicant's intended period of stay in the United States. If more than one person is included in the passport, each person desiring a visa must make an application;
• One (1) 2x2 photograph. See the required photo format explained in Nonimmigrant Photograph Requirements .

What are the Required Fees?

• Nonimmigrant visa application processing fee - Each applicant for a visitor visa must pay a nonrefundable US $100 nonimmigrant visa application processing fee.
• Visa issuance fee – Additionally, if the visa is issued, there will be an additional visa issuance reciprocity fee, if applicable. Please consult the Visa Reciprocity Tables to find out if you must pay a visa issuance reciprocity fee and what the fee amount is. If there is a fee for issuance for the visa, it is equal as nearly as possible to the fee charged to United States citizens by the applicant's country of nationality.

Additional Documentation

It is important that you refer to the Embassy Consular Section web site to determine visa processing timeframes and instructions, learn about interview scheduling, and find out if there are any additional documentation items required. Learn more by contacting the Embassy Consular Section .

Applicants must demonstrate that they are properly classifiable as visitors under U.S. law by:

• Evidence which shows the purpose of the trip, intent to depart the United States, and arrangements made to cover the costs of the trip may be provided. It is impossible to specify the exact form the documentation should take since applicants' circumstances vary greatly.
• Those applicants who do not have sufficient funds to support themselves while in the U.S. must present convincing evidence that an interested person will provide support.
• Depending on individual circumstances, applicants may provide other documentation substantiating the trip's purpose and specifying the nature of binding obligations, such as family ties or employment, which would compel their return abroad.

Documentation Needed - When Seeking to Travel for Medical Treatment

In addition to all of the documentation requirements explained above, the following documentation is also required, for persons seeking medical treatment in the U.S.:

• Persons desiring to travel to the U.S. for medical treatment should be prepared to present the following, in addition to any other documentation the consular officer may require:
  • Medical diagnosis from a local physician, explaining the nature of the ailment and the reason the applicant requires treatment in the United States.
  • Letter from a physician or medical facility in the United States, expressing a willingness to treat this specific ailment and detailing the projected length and cost of treatment (including doctors’ fees, hospitalization fees, and all medical-related expenses).
  • Statement of financial responsibility from the individuals or organization which will pay for the patient’s transportation, medical and living expenses. The individuals guaranteeing payment of these expenses must provide proof of ability to do so, often in the form of bank or other statements of income/savings or certified copies of income tax returns.
• Persons traveling to the U.S. for medical treatment should have a statement from a doctor or institution concerning proposed medical treatment.

Misrepresentation of a Material Facts, or Fraud

Attempting to obtain a visa by the willful misrepresentation of a material fact, or fraud, may result in the permanent refusal of a visa or denial of entry into the United States. Classes of Aliens Ineligible to Receive Visas provides important information about ineligibilities.

Visa Ineligibility/ Waiver

The Nonimmigrant Visa Application, Form DS-156 list classes of persons who are ineligible under U.S. law to receive visas. In some instances an applicant who is ineligible, but who is otherwise properly classifiable as a visitor, may apply for a waiver of ineligibility and be issued a visa if the waiver is approved. Classes of Aliens Ineligible to Receive Visas provides important information about ineligibilities, by reviewing sections of the law taken from the immigration and Nationality Act.

Additional Information

• No assurances regarding the issuance of visas can be given in advance. Therefore final travel plans or the purchase of nonrefundable tickets should not be made until a visa has been issued.
• Unless previously canceled, a visa is valid until its expiration date. Therefore, if the traveler has a valid U.S. visa in an expired passport, do not remove the visa page from the expired passport. You may use it along with a new valid passport for travel and admission to the United States.
• Visitors are not permitted to accept employment during their stay in the U.S.

Visa Denials

If the consular officer should find it necessary to deny the issuance of a visitor visa, the applicant may apply again if there is new evidence to overcome the basis for the refusal. For additional information, select Denials to learn more. In the absence of new evidence, consular officers are not obliged to re-examine such cases.

Entering the U.S. - Port of Entry

A visa allows a foreign citizen coming from abroad, to travel to the United States port-of entry and request permission to enter the U.S.  Applicants should be aware that a visa does not guarantee entry into the United States. The Department of Homeland Security, U.S. Customs and Border Protection (CBP) officials have authority to permit or deny admission to the United States.  If you are allowed to enter the U.S., the CBP official will determine the length of your visit on the Arrival-Departure Record  (Form I-94). Since Form I-94 documents your authorized stay in the U.S., it’s very important to keep in your passport.  Upon arrival (at an international airport, seaport or land border crossing), you will be enrolled in the US-VISIT entry-exit program. In addition, some travelers will also need to register their entry into and their departure from the U.S. with the National Security Exit Entry Registration System (NSEERS), also referred to as Special Registration program. The Department of Homeland Security, Customs and Border Protection internet site offers additional information on   Admissions/Entry requirements.

Staying Beyond Your Authorized Stay in the U.S. and Being Out of Status

• You should carefully consider the dates of your authorized stay and make sure you are following the procedures under U.S. immigration laws. It is important that you depart the U.S. on or before the last day you are authorized to be in the U.S. on any given trip, based on the specified end date on your Arrival-Departure Record, Form I-94. Failure to depart the U.S. will cause you to be out-of-status.
• Staying beyond the period of time authorized by the Department of Homeland Security (DHS) and being out-of-status in the United States is a violation of U.S. immigration laws, and may cause you to be ineligible for a visa in the future for return travel to the U.S.  Select Classes of Aliens Ineligible to Receive Visas to learn more.
• Staying unlawfully in the United States beyond the date Customs and Border Protection (CBP) officials have authorized--even by one day--results in your visa being automatically voided, in accordance with INA 222(g). Under this provision of immigration law, if you overstay on your nonimmigrant authorized stay in the U.S., your visa will be automatically voided.  In this situation, you are required to reapply for a new nonimmigrant visa, generally in your country of nationality. 
• For nonimmigrants in the U.S. who have an Arrival-Departure Record, Form I-94 with the CBP admitting officer endorsement of Duration of Status or D/S, but who are no longer performing the same function in the U.S. that they were originally admitted to perform (e.g. you are no longer working for the same employer or you are no longer attending the same school), a DHS or an immigration judge makes a finding of status violation, resulting in the termination of the period of authorized stay.

How Do I Extend My Stay?

Those visitors who wish to stay beyond the time indicated on their Form I-94 must contact the Department of Homeland Security’s Bureau of Citizenship and Immigration Services to request an application to extend status. The decision to grant or deny a request for extension of stay is made solely by the Bureau of Citizenship and Immigration Services. Learn more about Extension of Stay . To visit the Department of Homeland Security’s, Bureau of Citizenship and Immigration Services internet site to find out more detailed information, select How Do I Extend My Stay in the United States ?

Further Visa Inquiries

• Questions on visa application procedures and visa ineligibilities should be made to the American consular office abroad by the applicant. Before submitting your inquiry, we request that you carefully review this web site and also the Embassy Consular web site abroad. Very often you will find the information you need.
• If your inquiry concerns a visa case in progress overseas, you should first contact the U.S. Embassy or Consulate handling your case for status information. Select U.S. Embassy or Consulate  , and you can choose the Embassy or Consulate Internet site you need to contact.

From the Department of State, December 2006