B Visa Law

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8 CFR Sec. 214.2(b) Visitors

(1) General
Any B-1 visitor for business or B-2 visitor for pleasure may be admitted for not more than one year and may be granted extensions of temporary stay in increments of not more than six months each, except that alien members of a religious denomination coming temporarily and solely to do missionary work in behalf of a religious denomination may be granted extensions of not more than one year each, provided that such work does not involve the selling of articles or the solicitation or acceptance of donations. Those B-1 and B-2 visitors admitted pursuant to the waiver provided at § 212.1(e) of this chapter may be admitted to and stay on Guam for a period not to exceed fifteen days and are not eligible for extensions of stay. (Paragraph (b)(1) revised 1/1/94; 58 FR 69210)  

(2) Minimum six month admissions
Any B - 2 visitor who is found otherwise admissible and is issued a Form I - 94, will be admitted for a minimum period of six months, regardless of whether less time is requested, provided, that any required passport is valid as specified in section 212(a)(26) of the Act. Exceptions to the minimum six month admission may be made only in individual cases upon the specific approval of the district director for good cause.  

(3) Visa Waiver Pilot Program
Special requirements for admission and maintenance of status for visitors admitted to the United States under the Visa Waiver Pilot Program are set forth in section 217 of the Act and Part 217 of this chapter.    

(4) A citizen of Canada or Mexico seeking temporary entry for purposes set forth in paragraph (b)(4)(i) of this section, who otherwise meets existing requirements under section 101(a)(15)(B) of the Act, including but not limited to requirements regarding the source of remuneration, shall be admitted upon presentation of proof of such citizenship in the case of Canadian applicants, and valid, unexpired entry documents such as a passport and visa, or a passport and BCC in the case of Mexican applicants, a description of the purpose for which the alien is seeking admission, and evidence demonstrating that he or she is engaged in one of the occupations or professions set forth in paragraph (b)(4)( i) of this section. Existing requirements, with respect to Canada, are those requirements which were in effect at the time of entry into force of the Canada/U.S. Free Trade Agreement and, with respect to Mexico, are those requirements which were in effect at the time of entry into force of the NAFTA. Additionally, nothing shall preclude the admission of a citizen of Mexico or Canada who meets the requirements of paragraph (b)(4)(ii) of this section. (Paragraph (b)(4) introductory text revised effective 10/ 1/02; 67 FR 71443 )  
    (i) Occupations and professions set forth in Appendix 1603.A.1 to Annex 1603 of the NAFTA.  
        (A) Research and design. Technical, scientific and statistical researchers conducting independent research or research for an enterprise located in the territory of another Party.  
        (B) Growth, manufacture and production.  
            (1) Harvester owner supervising a harvesting crew admitted under applicable law. (Applies only to harvesting of agricultural crops: grain, fiber, fruit, and vegetables.)  
            (2) Purchasing and production management personnel conducting commercial transactions for an enterprise located in the territory of another Party.  
        (C) Marketing.  
            (1) Market researchers and analysts conducting independent research or analysis, or research or analysis for an enterprise located in the territory of another Party.  
            (2) Trade fair and promotional personnel attending a trade convention.  
        (D) Sales.  
            (1) Sales representatives and agents taking orders or negotiating contracts for goods or services for an enterprise located in the territory of another Party but not delivering goods or providing services.  
            (2) Buyers purchasing for an enterprise located in the territory of another Party.  
        (E) Distribution.  
            (1) Transportation operators transporting goods or passengers to the United States from the territory of another Party or loading and transporting goods or passengers from the United States to the territory of another Party, with no unloading in the United States, to the territory of another Party. (These operators may make deliveries in the United States if all goods or passengers to be delivered were loaded in the territory of another Party. Furthermore, they may load from locations in the United States if all goods or passengers to be loaded will be delivered in the territory of another Party. Purely domestic service or solicitation, in competition with United States operators, is not permitted.)  
           (2) Customs brokers performing brokerage duties associated with the export of goods from the United States to or through Canada.  
        (F) After-sales service. Installers, repair and maintenance personnel, and supervisors, possessing specialized knowledge essential to the seller's contractual obligation, performing services or training workers to perform services, pursuant to a warranty or other service contract incidental to the sale of commercial or industrial equipment or machinery, including computer software, purchased from an enterprise located outside the United States, during the life of the warranty or service agreement. (For the purposes of this provision, the commercial or industrial equipment or machinery, including computer software, must have been manufactured outside the United States.)  
        (G) General service.  
            (1) Professionals engaging in a business activity at a professional level in a profession set out in Appendix 1603.D.1 to Annex 1603 of the NAFTA, but receiving no salary or other remuneration from a United States source (other than an expense allowance or other reimbursement for expenses incidental to the temporary stay) and otherwise satisfying the requirements of Section A to Annex 1603 of the NAFTA.  
            (2) Management and supervisory personnel engaging in commercial transactions for an enterprise located in the territory of another Party.  
            (3) Financial services personnel (insurers, bankers or investment brokers) engaging in commercial transactions for an enterprise located in the territory of another Party.  
            (4) Public relations and advertising personnel consulting with business associates, or attending or participating in conventions.  
            (5) Tourism personnel (tour and travel agents, tour guides or tour operators) attending or participating in conventions or conducting a tour that has begun in the territory of another Party. (The tour may begin in the United States; but must terminate in foreign territory, and a significant portion of the tour must be conducted in foreign territory. In such a case, an operator may enter the United States with an empty conveyance and a tour guide may enter on his or her own and join the conveyance.)  
            (6) Tour bus operators entering the United States:  
                (i) With a group of passengers on a bus tour that has begun in, and will return to, the territory of another Party.  
                (ii) To meet a group of passengers on a bus tour that will end, and the predominant portion of which will take place, in the territory of another Party.  
                (iii) With a group of passengers on a bus tour to be unloaded in the United States and returning with no passengers or reloading with the group for transportation to the territory of another Party.  
            (7) Translators or interpreters performing services as employees of an enterprise located in the territory of another Party.  
                (ii) Occupations and professions not listed in Appendix 1603.A.1 to Annex 1603 of the NAFTA. Nothing in this paragraph shall preclude a business person engaged in an occupation or profession other than those listed in Appendix 1603.A.1 to Annex 1603 of the NAFTA from temporary entry under Section 101(a)(15)(B) of the Act, if such person otherwise meets the existing requirements for admission as prescribed by the Attorney General. (Paragraph (b)(4) revised 1/1/94); 58 FR 69210) 

(5) Construction workers not admissible
Aliens seeking to enter the country to perform building or construction work, whether on-site or in-plant, are not eligible for classification or admission as B - 1 nonimmigrants under section 101(a)(15)(B) of the Act. However, alien nonimmigrants otherwise qualified as B - 1 nonimmigrants may be issued visas and may enter for the purpose of supervision or training of others engaged in building or construction work, but not for the purpose of actually performing any such building or construction work themselves.    
 

(6) [Reserved] (Added and reserved 4/12/02; 67 FR 18062 )
 

(7) Enrollment in a course of study prohibited 
An alien who is admitted as, or changes status to, a B-1 or B-2 nonimmigrant on or after April 12, 2002, or who files a request to extend the period of authorized stay in B-1 or B-2 nonimmigrant status on or after such date, violates the conditions of his or her B-1 or B-2 status if the alien enrolls in a course of study. Such an alien who desires to enroll in a course of study must either obtain an F-1 or M-1 nonimmigrant visa from a consular officer abroad and seek readmission to the United States, or apply for and obtain a change of status under section 248 of the Act and 8 CFR part 248 . The alien may not enroll in the course of study until the Service has admitted the alien as an F-1 or M-1 nonimmigrant or has approved the alien's application under part 248 of this chapter and changed the alien's status to that of an F-1 or M-1 nonimmigrant. (Added 4/12/02; 67 FR 18062 ).

This information can be found in the Code of Federal Regulations.

 

Nonimmigrant Visas: 

Comments

Hi Rajiv;

I checked all the websites but could not reach an answer.

My daughter visa (B1/2) was printed on my wife's expired passport. Her visa is valid until 2017. Now, my daughter get her own passport. No change in her name at all. We (as family including my wife) will fly to New York soon.

Do you think my daughter visa will still be valid? I am asking the question as it was printed on mother's expired passport. BTW, her name (and picture) is registered to my Wife's old passport. In other words, there is an accompanying statement fro my daughter in my wife's old passport.

Do you think we can use her visa (valid till 2017) while entering USA?

thanks.

Aydin, I am not sure about the answer off hand. I suggest you send an email to the US consulate that issued the visa. They are usually pretty good about responding to emails.

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

Hello Rajiv,

I was a researcher in US from 2011 to 2013 in J1 VISA. After finishing my research in US, I came back for my job in Europe. I also have a B1/B2 VISA which I obtained in 2010 while visiting US for a conference and the B1/B2 VISA is valid till 2010. I am planning to visit US this year again for 6 weeks. Can I still use by existing B1/B2 VISA despite by J-VISA is expired?

Kaniska

Kaniska ji, there appears to be a typo in your message in the year your B visa expires. If you do have an existing, unexpired B visa, you can use it as long as your visit is consistent with the B visa purposes.

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

Namaste Rajiv ji, This is Krishna Chivukula a former client of yours from 1996! Hope you are well.

My Sanskrit Acharya from Andhra was denied a tourist visa. He is retired govt. of AP Sanskrit College Principal. I provided the financial support docs. Someone else (a travel agent) did the DS160 in India. The denial letter cited 214(b). All my acharya was asked was (1) his retiree salary, (2) who he was going to stay with and (3) how he knows me. His answers were the actual salary number, stay would be with me and that the relationship was a friend-student one where I have been learning as over the phone. My letter to the consulate stated just that.

How can his case be strengthened if he were to return for another attempt? I am not sure what needs to be submitted along with the DS160.
Best Regards,
Krishna

Of course I remember you. Just send an email to frontdesk at sign immigration dot com. Send them a link to this comment. I want to speak with you. No charge, of course.

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.