B VISAS

The most common nonimmigrant visa is the B visa. There are two types of B visas: B-1 visas for business visitors, and B-2 visas for visitors for pleasure.

B-1 BUSINESS VISITORS:

The B-1 Business Visitor category is available to persons who can demonstrate that they 1) have no intention of abandoning their residence abroad and 2) they are visiting the U.S. temporarily for business. Entry is, theoretically, granted for up to a year, but most B-1 admissions are approved for just the period necessary to conduct business and are normally permitted to stay no longer than 3 months.

• Business visitors are quite limited in the activities in which they are permitted to engage. B-1 visa holders must not be engaging in productive employment in the U.S. either for a U.S. employer or on an independent basis. Any work done in the U.S. must be performed on behalf of a foreign employer and paid for by the foreign employer. The work should also be related to international commerce or trade. The consulate will consider several factors when deciding whether to issue a visa including 1) whether a U.S. worker could be hired to perform the work, 2) whether the work product is predominantly created in the U.S. and 3) whether the work is controlled mainly by a U.S. company. If the answer to any of these questions is "yes" then the B-1 visa is likely to be denied.

B-2 TOURIST VISA

The appropriate visa category for a tourist is the B-2 visa (a B-2 visa covers tourists, visits to relatives or friends, visits for health reasons, participation in conferences, participation in incidental or short courses of study and participation in amateur arts and entertainment events. Prospective students can also obtain a B-2 visa, but they will no longer be allowed to change to student status in the U.S. unless they announce their intention to do so to the INS inspector at the border).

Tourists are normally given a six month visa which can be extended in some circumstances for an additional six months. Under the regulation proposed earlier this year, the default period of admission will be 30 days, with the onus resting on the visitor to show why a longer period of time is required. Unlike some other nonimmigrant visas, the application is made at a U.S. consulate abroad. Also, the applicant's spouse and children must independently qualify for the B-2.

In order to qualify for a tourist visa, an individual must meet some specific requirements necessary to show nonimmigrant intent:

• The alien is coming to the U.S. for a specific period of time
• The alien will not be engaging in work and will engage solely in legitimate activities relating to pleasure
• The alien will maintain a foreign residence that he or she has no intention of abandoning during the period of his or her stay in the U.S.

The application for a B-1 or B-2 visa is made at a U.S. consulate. An applicant will normally apply at the closest consular post in their home country. Some consular posts in other countries also accept applications from third country nationals. Most of the time, the application must be made in person, though some consulates allow the application to be made by mail, a travel agent, or drop box.

An application for a B-1 business visitor visa should be accompanied by a detailed letter explaining the reasons for the trip, the itinerary for the trip and, if the trip is on behalf of a foreign firm, the fact that the company is paying all of the expenses to be incurred during the trip. The application should also be accompanied by extensive supporting documentation showing the activities that will take place during the trip, travel documentation and information on the B-1 visitor's employer.

With regard to specificity of the trip arrangements, the alien should show such items as confirmed hotel reservations, car rentals, internal travel arrangements such as domestic flights or tourist packages, and/or a letter of invitation from a U.S. source.

With respect to ties abroad, the alien could demonstrate steady employment, business or property interests abroad and close family ties. A real property lease or ownership is helpful as well. These items are particularly important if the alien has close ties with the U.S. such as close family members here. The scrutiny in this category is particularly tight for persons from "high-risk" countries - aliens from countries with a high rate of visa refusal and a low rate of compliance - who are single, young and well educated.

At the consulate, the applicant should present the DS-156 Nonimmigrant Visa Application, passport, photos, the application fee and supporting documentation. The DS-156 form can be downloaded from the State Department's web site at http://travel.state.gov. Male applicants between 16 and 45 years of age from certain Arab and Muslim countries are also expected to submit form DS-157.

After the September 11th attacks, the State Department began requiring that all male nonimmigrant visa applicants between the ages of 16 and 45 from Arab or Muslim counties are subject to increased security checks. An additional 20-day waiting period during which the State Department will check their names against an FBI database will be required. No official list has been published, but it appears that the following countries are subject to this new security procedure: Afghanistan, Algeria, Bahrain, Dijbouti, Egypt, Eritrea, Indonesia, Iran, Iraq, Jordan, Kuwait, Lebanon, Libya, Malaysia, Morocco, Oman, Pakistan, Qatar, Saudi Arabia, Somalia, Sudan, Syria, Tunisia, United Arab Emirates, Yemen.

Successful applicants for a B-1 or B-2 visa will be given a multiple entry visa stamp that is valid for ten years. The stamp will often say "B-1/B-2," indicating the person can use the visa to enter to conduct activities falling under either classification. Note that a multiple entry, multiyear visa does not mean that a person can stay in the U.S. for as long as the visa is valid. Rather, it allows a person to seek admission multiple times over the 10 years.

Nationals of some countries are allowed to participate in the Visa Waiver Pilot Program (VWPP) which allows visits for up to 90 days without having to obtain the B-2 visa. The waiver countries are the following:
Andorra, Australia, Austria, Belgium, Brunei, Denmark, Finland, France, Germany, Iceland, Ireland, Italy, Japan, Liechtenstein, Luxembourg, Monaco, The Netherlands, New Zealand, Norway, Portugal, San Marino, Singapore, Slovenia, Spain, Sweden, Switzerland, the United Kingdom, and Uruguay.

All Canadian citizens and certain Canadian "landed immigrants" are also exempt from getting a visa under a different law.

While being able to travel without a visa is convenient for many, it is important to be aware of a few key restrictions on people entering under the VWPP. First, unlike a normal B-2 visa under which a visitor will be authorized to stay for six months, VWPP entrants can only stay for 90 days. Second, it is not possible to apply for an extension of stay or a change of status to another non-immigrant or immigrant classification. Finally, a VWPP entrant can normally not apply for a new visa at a U.S. consulate in Mexico or Canada and reenter the US.