B-1/B-2 Visitors

The U.S. Department of State’s Foreign Affairs Manual provides a detailed overview of the U.S. visitors rules at 9 FAM 402.2, which includes permissible visitor activities, exceptions to the general work authorization requirement for certain travelers, and restrictions of visitor entry. The U.S. Department of Homeland Security (DHS) Customs and Border Protection (CBP) and Citizenship and Immigration Services (CIS) also provide guidance on visitor rules, which are not always consistent with each other, such as CIS indicating that applying for jobs may be performed as a visitor without work authorization. Further restrictions may be found in 8 CFR § 214.2(b), including the general prohibition on studying.

Visitor Visas, Visa-Exempt, & ESTA Visa-Waiver

Visitors to the United States generally must possess a B-1/B-2 visa issued by a U.S. consular post abroad. Exceptions include Bermudans or Canadians who are visa-exempt for certain purposes, which means that they can stay in the U.S. for up to six (6) months per entry without a visa. Additionally, citizens from certain countries can qualify to travel “visa waiver” under the Electronic System for Travel Authorization (ESTA). ESTA is for “clean records” only, and if an ESTA application is denied, generally an otherwise visa-waiver traveler would need to review the circumstances surrounding the ESTA denial and apply for a visa and in certain cases a waiver (i.e. pardon) depending upon the reason for the denial.

Proof of Nonimmigrant Intent and Visitor Purpose

When applying for a visa and upon arrival to the United States, visitors must be ready to present proof of the permissible visitor purpose of their trip along with proof of their “nonimmigrant intent,” which is defined as an unabandoned residence outside of the U.S. to which they intend to return. Common evidence includes a round trip flight itinerary within a short period, proof of hotel accommodations, documentation for the business meeting or entertainment activity, employment verification letter, recent paystubs for overseas employment, deed or lease agreement to residence, and recent utility bills.

Check I-94

It’s important to check that CBP properly issued the Form I-94 Arrival/Departure Record after arrival. Errors on the I-94 can be held against the noncitizen.

The above is informational and not intended to be legal advice. Please consult with an experienced business immigration attorney on your specific facts and circumstances before proceeding with any U.S. immigration strategy.