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VISITOR VISAS (B-1, B-2)
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Visitor visas are issued to aliens who intend to visit the United States for a short period of time for either "business" or "pleasure." The B-1 visa is a non-immigrant visa for business visitors and the B-2 visa is a non-immigrant tourist visa.How do I obtain a B-1 visa?The application process generally begins in your country of residence where you file an application with the U.S. embassy or consular office. The embassy or consular office issues the B-1 visa. Later, it is inspected and stamped at a U.S. port of entry.
Who qualifies for a B-1 visa?The business visitor must meet the following three requirements:
1. He/she must have an unabandoned foreign residence. In other words, the business traveler has a principal place of residence abroad and intends to return to it.
2. The visit is for a limited time period. Business visas are generally granted for six months with one year being the maximum allowable time.
3. The proposed temporary visit is for the purpose of engaging in permitted business activities.
ACCEPTABLE B-1 ACTIVITIES
SELLING
An individual traveling to the United States to take part in an exhibition, set up an exhibition booth, display samples, sign contracts, and take orders for merchandise produced in and delivered from Spain or another country outside the United States, may be eligible for a B-1 visa. The holder of a B-1 visa may not sell or take orders for merchandise produced in the United States. If the proposed activities are not as described, a temporary work visa will be required.
VOLUNTARY WORK
An individual participating in a voluntary service program in a U.S. community, who is a member of, and has a commitment to, a recognized religious or nonprofit charitable organization, may be eligible for a B-1 visa if the work is traditionally done by volunteer charity workers; they will receive no salary or remuneration from a U.S. source, other than an allowance or reimbursement for expenses, and they will not engage in the selling of articles and/or the solicitation and acceptance of donations.
A voluntary service program is an organized project conducted by a recognized religious or nonprofit charitable organization to provide assistance to the poor or the needy, or to further a religious or charitable cause.
If your proposed activities as a voluntary worker are not exactly as described, you will require either an exchange visitor or temporary worker visa.
PLEASE NOTE:
When applying for entry into the United States as a voluntary worker with a visa or under the VWP, you should furnish a letter from your U.S. sponsor, which contains the following information:
• Your name and date and place of birth;
• Your foreign permanent residence address;
• The name and address of initial destination in the U.S.; and
• The anticipated duration of your assignment.
SERVICE ENGINEER
If the engineer will install, service or repair commercial or industrial equipment or machinery sold to a buyer in the United States, and the purchase contract requires that the company provide such services, then the B-1 visa for business is appropriate. The engineer must possess specialized knowledge essential to perform the services, receive no remuneration from a U.S. source, and the company must not receive any payment for these services in addition to that specified in the original contract of sale. If the proposed activities are not exactly as described, temporary work visas will be required. Please note that the B-1 visa does not cover building or construction work, even if the purchase contract requires that the company provide such services. In such cases, the employees must always qualify for H-2 visas.
The B-1 visa for business is also appropriate for engineers traveling to the United States to train U.S. personnel in the installation, service or repair of commercial or industrial equipment or machinery as specified above. The individuals concerned must continue to be paid by Spanish companies and the contract of sale must specifically require the seller to provide such services.
SPEAKER/LECTURER
If you are traveling to the United States in connection with a speaking engagement you may travel on a B-1 visa provided there is no remuneration from a U.S. source, other than expenses for the visit. Speakers/lectures who will receive an honorarium in addition to incidental expenses may still be eligible for the B-1 visa provided all of the following are met:
• The activities will last no longer than nine days at a single institution;
• The institution is a nonprofit research organization or a governmental research organization, or an institution of higher education, or a related or affiliated nonprofit entity.
• Such activities are conducted for the benefit of the institution or entity; and
• The speaker/lecturer has not accepted payment or expenses from five such institutions during the previous six-month period.
• If the proposed activities are not exactly as described, an exchange visitor or temporary work visa will be required.
CONFERENCE
Participants in scientific, educational, professional, or business conventions, conferences or seminars may travel to the United States on B-1 visas. The B-1 visa is also the appropriate visa classification to present a paper at the conference, provided there is no remuneration from a U.S. source other than expenses incidental to the stay. Those who will receive an honorarium in addition to incidental expenses will only be eligible for the B-1 visa if all of the following are met:
• The activities will last no longer than nine days at a single institution;
• The institution is a nonprofit research organization or a governmental research organization, or an institution of higher education, or a related or affiliated nonprofit entity.
• Such activities are conducted for the benefit of the institution or entity; and
• The delegate has not accepted such payment or expenses from five such institutions during the previous six-month period.
If the proposed activities are not exactly as described, an exchange visitor (J-1) or temporary work (H-1) visa will be required.
RESEARCHER
An individual who will engage in independent research may be eligible for a B-1 visa provided there is no remuneration from a U.S. source and the results of the research will not benefit the American institution. Those who will receive payment from a U.S. source and/or the U.S. institution will benefit from the results of the research, will require an exchange visitor (J-1) or temporary work (H-1) visa will be required.
BUSINESS VENTURE
The B-1 visa is the appropriate visa classification to travel to the United States to survey potential sites for a business and/or to lease premises. However, the holder of a B-1 visa may not remain in the United States to manage the business. An L-1 (intra-company transferee) visa or Treaty Trader of Investor Visa is required. The holder may travel to the United States for a temporary period to open up and operate a branch, subsidiary or affiliate office of the business. To qualify, the new U.S. operation is required to file a petition on the employee's behalf with the nearest office of the Department of Homeland Security, United States Citizenship and Immigration Services (USCIS) in the United States.
MEDICAL ELECTIVE
An elective clerkship which affords practical experience and instruction in various disciplines of medicine under the supervision and direction of faculty physicians at a U.S. medical school's hospital may be undertaken on a B-1 visa, if the clerkship is an approved part of the individual's foreign school education and no remuneration will be received from the hospital. A letter from the U.S. medical school outlining the nature and duration of the visa and source of remuneration, if any, should accompany the application. If traveling visa free under the Visa Waiver Program, the letter from the school should be presented to the officer at the port of entry.
Students seeking training as physiotherapists, dentists, nurses or vets require H-3 visas.
TELECOMMUTERS
Individuals temporarily resident in the United States who will be working from home as computer programmers for foreign based companies may be eligible for B-1 visas if all of the following are met:
• The individual is employed by a company outside of the United States;
• Will receive no remuneration from a U.S. source, other than expenses incidental to the stay;
• Is working in an occupation that requires the attainment of a bachelor's or higher degree in the specific specialty and the individual has that level of education.
If you believe that you may qualify for the B-1 visa, you should apply for a visa in order for your qualifications to be evaluated.
If accompanying a spouse who is the beneficiary of a work or student visa, the individual may apply for both the derivative and B-1 visas. When applying for admission into the United States, you should advise the USCIS at the port of entry of your dual intent, that is to say, you are accompanying your spouse, but also intend to continue working for your foreign employer as a telecommuter.
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