Law Offices of Michael S. Cho MSC Law
 

B-1/B-2 Visitors

B-1/B-2 Visitors

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.

Qualifying for a Visa

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.

Alien truck drivers may qualify for admission as B-1 visitors for business to pick up or deliver cargo traveling in the stream of international commerce.

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 file an Application to Extend Status. The decision to grant or deny a request for extension of stay is made solely by the USCIS.

Detailed 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 "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). As 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 you would apply for a visitors visa. As additional 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 you would apply for a vistors visa. 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.

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

Each applicant for a visitor visa must submit these forms and documentation, and submit fees as explained below:

What are the Required Fees?

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.

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.

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.

Additional Information

Visitors are not permitted to accept employment during their stay in the U.S.

Unless previously canceled, a visa is valid until its expiration date. Therefore, if the traveler has a valid U.S. visitor visa in an expired passport, he or she may use it along with a new valid passport for travel and admission to the United States.

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. In the absence of new evidence, consular officers are not obliged to re-examine such cases.

Entering the U.S. - Port of Entry

Applicants should be aware that a visa does not guarantee entry into the United States. The 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. The Department of Homeland Security, U.S. Customs and Border Protection (CBP) officials have authority to permit or deny admission to the United States. Also, the period for which the bearer of a visitor visa is authorized to remain in the U.S. is determined by a CBP official when you arrive in the U.S., not the consular officer at the embassy or consulate. At the port of entry (an international airport, seaport or land border crossing), a CBP official must determine whether you can enter and how long you can stay here, on any particular visit. If you are allowed to enter, the CBP official authorizes the traveler's admission to the U.S. At that time, Form I-94, Record of Arrival-Departure, which notes the length of stay permitted, is validated by the CBP official.

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.